Wright's Estate
Wright's Estate
Opinion of the Court
The fourth specification of error is the only one assigned according to our rule. It alleges that the court below erred in not awarding to the appellant one fourth of the estate of Robert J. Wright, deceased. Her claim rests entirely upon a letter addressed to her by the testator, dated March 31, 1889. She avers that this letter amounts to a contract, by which the testator agreed to give her one fourth of his estate by his will. We have examined this letter with care, and are unable to find anything in it which comes up to the measure of a binding contract. There is nothing in it that is specific. There was some talk about adopting the appellant, and some speculation and gossip about destroying his old will and making a new one, but there was no positive promise or agreement to do either, or to leave the appellant one fourth of his estate, or any other part of it, in ease she agreed to the adoption and change of her name.
The decree is affirmed, and the appeal dismissed at the costs of the appellant.
Reference
- Full Case Name
- Wright's Estate. Wright's Appeal
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Contract to leave property by will—Adoption. Testator, fearing that his will would be set aside for want of testamentary capacity, proposed to adopt four persons, and make a new will which would probably not be attacked, because if an attack were successful the estate would descend at all events to the four adopted children. Testator adopted the four persons under the act of May 9, 1889, but did not make any change in his will already made. One of the adopted daughters claimed one fourth of the estate on the ground that she had consented to the adoption in consideration of a promise by testator to leave her by will this portion of his estate. The letter upon which the claim was based contained various reasons and arguments why claimant should consent to the adoption, and there was some speculation and gossip about testator destroying his old will and making a new one, but there was no positive promise to do either, or to leave claimant any portion of his estate. Held, that the claim Was properly-disallowed. Practice, Supreme Court —Assignments of error. An assignment of error to the dismissal of exceptions, must set forth the exceptions in their exact words.