Thompson v. Henderson

Plaintiff James M. Thompson appeals from the dismissal of his suit for specific performance of an alleged oral contract to make a will. We find no error and affirm.

Plaintiff claims he made an oral agreement with his father that entitles him to his father's entire estate, despite the terms of his father's final will, by which he was given only 42 percent of the estate. Defendants, the executor and remaining beneficiaries of the father's will, argued the plaintiff son had failed to prove to a high probability that the alleged contract existed; the trial court agreed with their contentions and…