Head v. Schwartz' Ex'r

Opinion of the Court by

Chief Justice Rees

Affirming.

This is an appeal from a judgment dismissing the plaintiffs’ petition after a demurrer thereto had been sustained and plaintiffs had declined to plead further.

Lila Hayden Schwartz died testate May 20,1946, and Noel Hayden was nominated in her will as her executor. On August 28, 1946, Clarence G. Head and Mary Roxie Head, his wife, brought this action against the executor to recover damages in the sum of. $10,000 for the breach of an alleged oral contract by the decedent to devise certain real estate to them. Mrs. Schwartz, a widow, owned a…