Penick v. Dekker

Paul M. Penick, Executor of the Estate of Walter S. Newman, Jr., and Barbara N. Newman (collectively, the Newmans) filed a bill of complaint for a declaratory judgment against Henry and Louisa Dekker. The Newmans alleged the existence of an agreement settling controversies which arose between the parties respecting the will of LizOtey Hoge Newman. The Dekkers filed a demurrer which the trial court sustained on the grounds that the bill of complaint “shows on its face that no agreement was reached by the parties” and “if an agreement had been reached it would be unenforceable.” The Newmans…