Barnstable v. United States National Bank

In this suit plaintiff seeks a declaratory judgment determining that she is a pretermitted child of the testator, James Witherspoon, or, in the alternative, for a decree for the specific performance of an alleged oral contract for plaintiff’s benefit made by and between the decedent and his wife, plaintiff’s mother. Erom an adverse decree, plaintiff appeals.

In 1937, when Joan was about four and one-half years old, her mother married James Witherspoon. She thereafter resided with her mother and stepfather as a member of the family. In 1947 she was adopted by decedent and continued to reside…