In re Estate of Hilliard

The opinion of the court was delivered by This appeal grows out of a claim against the estate of Arthur Paul Hilliard, deceased. The appeal is from a judgment for the claimant. A former appeal by the same party was dismissed for want of an appealable order. (In re Estate of Hilliard, 170 Kan. 617, 228 P.2d 536.) Appellee, Jennie M. Hilliard, is the widow of the decedent. Appellant, Evelyn Nielson, is the daughter of decedent by a previous marriage. Appellee sought the specific performance of an oral contract alleged to have been made and entered into by and between her son by a previous marriage, Roy Schultheiss, and the decedent for appellee's benefit. The substance of appellee's claim was that shortly after her marriage to the decedent in July, 1931, her son entered into an oral contract with the decedent whereby decedent agreed to execute a will leaving his farm and other property to appellee if the son would remain on the farm, help to operate it and improve the dwelling house thereon. Although decedent frequently stated he would execute such a will he died without having done so.