NEFF v. POBOISK

No. 40935.

161 N.W.2d 823 (1968)

Mollie NEFF, Respondent, v. Harry POBOISK, individually, and as executor, and as special administrator of the Estate of Ben Poboisk, Appellant.

Supreme Court of Minnesota.

October 4, 1968.


Attorney(s) appearing for the Case

Stacker, Silverstein, Burke & Radsom, St. Paul, for appellant.

Ruttenberg, Orren, Griswold & Cohen, St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and ROGOSHESKE, JJ.


OPINION

OTIS, Justice.

This is an action by a sister against a brother seeking to enforce the terms of mutual wills executed by their parents. The matter was tried without a jury. The court found that the wills constituted an irrevocable contract enforcible in equity. This appeal is from the judgment.

The only issue is whether there was clear, positive, and convincing evidence to support the court's findings. We hold that there was not.

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