HICKS v. SIMMONS

No. 6156.

271 F.2d 875 (1959)

Harry HICKS, Executor of the Estate of W. F. Simmons, deceased; and R. S. Moran, Executor of the Estate of Lenora J. Simmons, deceased, Appellants, v. Homer SIMMONS and Oscar Simmons, Appellees.

United States Court of Appeals Tenth Circuit.

October 29, 1959.


Attorney(s) appearing for the Case

A. K. Little and L. D. Hoyt, Oklahoma City, Okl. (Ross Cox and William Fancher, Hollis, Okl., on the brief), for appellants.

Charles Hill Johns, Oklahoma City, Okl. (Gomer Smith, Jr., Oklahoma City, Okl., on the brief), for appellees.

Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.


MURRAH, Chief Judge.

The plaintiff-appellees brought this suit against the respective estates of their adoptive parents for enforcement of an alleged oral contract to leave their property to them upon their death. Federal jurisdiction rests upon diversity of citizenship and requisite amount in controversy, both of which concededly exist.

The trial court decreed specific performance based upon a finding that the adoptive...

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