| Docket No. | Op. Below | Argument | Opinion | Author | Term |
|---|---|---|---|---|---|
| 4766 | - - | - - | March 10, 1958 | Snead | 1958 |
Holding
Walter R. Askew, appellee, instituted a suit in equity to enforce an alleged parol agreement entered into with his late wife, Ruby Askew, whereby she was to devise to him in fee simple all real estate which he had conveyed or caused to be conveyed to her. Named as defendants in the suit were Virgie L. Everton, appellant and sister of Ruby Askew, and a number of other beneficiaries in the last will and testament of Ruby Askew, dated May 18, 1955, as well as the executor and executrix under the will. The evidence was by depositions, and the chancellor decreed that there was such an agreement and that appellee was entitled to specific performance of the contract. Special commissioners were appointed for the purpose of conveying to appellee all real estate of which Ruby Askew died seized and possessed.
Appellant presents two questions on this appeal:
1. Has appellee proved by clear and convincing evidence that the contract he alleges was in fact made?
2. If such a contract was in fact entered into, has there been such performance on the part of appellee as will take it out of the statute of frauds?
