Pugh v. Bell

Will—Oral Contract to Make—Enforcement in Equity.—An oral contract to make a will, in consideration of the support of the promisor for the remainder of his life, is enforceable in equity; but the agreement must be definite and certain, and the relief not harsh, oppressive, or unjust to innocent third persons, nor against public policy.

Id.—Action to Enforce Contract—Findings.—If it is found, in an action to enforce such a contract, that the contract was made, that it was fair and equitable, and that the value of the services performed by the plaintiffs thereunder was not capable of being estimated in money, it is unnecessary further to find that they had, in reliance upon the contract, made material changes and sacrifices, tending to show that their status quo could not be restored, or adequate compensation in their behalf calculated in terms of money.

Id.—Abandonment or Contract—Evidence and Findings.—In this ae- - tion to determine the ownership of certain property, it is held that the evidence sustains the finding of the trial court that a contract, whereby an intestate agreed to will the property to the plaintiffs in consideration of their supporting him for the remainder of his life, was mutually abandoned.