Hartman v. Burford

The appellant brought this action seeking specific performance of an oral agreement alleged to have been made between her parents, Austin and Katherine Miller, whereby the parents agreed to leave their respective estates to each other, on the understanding that the survivor would leave his or her estate to their three children in equal shares. Respondents denied the existence of the oral agreement. Appellant demanded a jury trial. The jury found that appellant’s parents had not entered into the alleged oral agreement. The trial judge, considering the verdict of the jury to be advisory only,…