Estes v. Smith

WATHEN, Justice.

The plaintiff, Vaughn C. Estes, appeals from summary judgment granted to the defendants, Horace E. Smith, Byron H. Le-cates, Robert G. Russell and Duncan C. McArthur, who are the personal representatives of the estate of Virginia E. Chilling-worth, by the Superior Court (Cumberland County). On appeal, plaintiff argues that the court erred in finding no genuine issue of material fact as to the existence of an oral contract to establish a testamentary trust. In addition plaintiff argues that the court erred in concluding that the action was barred by the Statute of Frauds. We…