O'SULLIVAN v. SIMPSON

No. 8890.

212 P.2d 435 (1949)

O'SULLIVAN v. SIMPSON et al.,

Supreme Court of Montana.

Decided December 12, 1949.


Attorney(s) appearing for the Case

Mr. Ralph J. Anderson and Mr. Albert C. Angstman, both of Helena, for appellant. Mr. Anderson argued orally.

Messrs. DeKalb, Ulsaker and Symmes, Lewistown, for respondent. Mr. H. Leonard DeKalb argued the cause orally.


MR. JUSTICE METCALF:

Philipp Laux died testate on the 25th day of October, 1946. His daughter Katherine Simpson, is executrix of the estate. The entire estate was willed to his wife, Kathi Laux. This is an action by another daughter, Francisca O'Sullivan, against Katherine Simpson and Kathi Laux to compel specific performance of an oral agreement allegedly made by the deceased to bequeath and devise to the plaintiff one-ninth...

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