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HICKS v. HICKS

No. 7125SC527.

185 S.E.2d 430 (1971)

13 N.C. App. 347

Sam HICKS and wife, Florence Hicks v. Sanford HICKS, Executor of the Will of Rhoda Hall, and Sanford Hicks and wife, Norma Hicks, Devisees Under the Will of Rhoda Hall, Deceased.

Court of Appeals of North Carolina.

December 29, 1971.

Attorney(s) appearing for the Case

L. H. Wall, Lenoir, for plaintiff appellants.

No brief filed by attorney for defendant appellees.

GRAHAM, Judge.

Evidence tendered by plaintiffs in support of their claim for damages under an asserted contract consisted entirely of testimony as to oral statements, purportedly made by Mr. and Mrs. Hall, promising to leave a portion of their farm to plaintiffs by will in compensation for services rendered. An oral contract to devise realty is within the statute of frauds (G.S. § 22-2) and is unenforceable, Gales v. Smith, 249 N.C. 263

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