Wills – Enforcement of Parol Contract to Devise Real Property

Plaintiffs and decedent made an oral agreement whereby plaintiffs agreed to pay decedent a yearly sum and to make repairs on certain real estate in return for which decedent agreed to devise the real estate to plaintiffs. Plaintiffs had been in possession of the property for several years and had vastly improved its value when decedent died, devising the property to third parties. Plaintiffs brought this action for specific performance against the devisees. The trial court, satisfied that the oral contract had been established, entered the decree for specific performance. On appeal, held, affirmed. A person can make a valid agreement for disposition of his property by will, and a court of equity can decree specific performance of an oral contract to devise land if the oral agreement is established. Kelley v. Dodge, 334 Mich. 503, 54 N.W. (2d) 730 (1952).