Vilter v. Myers

Thornton, J.—

The principal question presented is the sufficiency of the evidence of the making and terms of the contract to execute mutual wills. Able counsel for both sides recognize this and so present the case. That the evidence of such an oral contract must be clear and convincing is well established. Youngberg v. Holstrom, 252 Iowa 815, 108 N.W.2d 498; Father Flanagan’s Boys’ Home v. Turpin, 252 Iowa 603, 106 N.W.2d 637; Barron v. Pigman, 250 Iowa 968, 95 N.W.2d 726; and In re Estate of Ramthun, 249 Iowa 790, 799, 89 N.W. 2d 337, 342. Since In re Estate of Lenders, 247 Iowa 1205, 78…