SAYRE v. SHOEMAKER

No. 17441.

263 F.2d 370 (1959)

Lelia Mae SAYRE, Appellant, v. W. M. SHOEMAKER, Administrator of the Estate of Mrs. Rosa Shoemaker Williams Herin, et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 13, 1959.


Attorney(s) appearing for the Case

John W. Dulaney, Jr., William P. Dulaney, Tunica, Miss., Dulaney & Dulaney, Tunica, Miss., of counsel, for appellee.

Before RIVES and WISDOM, Circuit Judges, and WRIGHT, District Judge.


PER CURIAM.

The appellant seeks to enforce an alleged oral agreement, or one of several claimed such agreements, by Mrs. Rosa Shoemaker Williams Herin, now deceased, to make a will. The district court dismissed the complaint for failure to state a claim upon which relief can be granted. As to the present complaint, that is so clearly true as not to require discussion.

The district court went further and held that "there is no way in which said declaration...

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