191 A. 433
[No. 36, January Term, 1937.]Court of Appeals of Maryland.
Decided April 9th, 1937.
Contract to Bequeath — Bill to Enforce — Testimony by Plaintiff — Equity Jurisdiction.
A bill to enforce compliance with a contract to bequeath to plaintiff a stated sum for services rendered held to set forth the character of the services in sufficient detail.
The right of plaintiff to a decree in such a case does not depend on the quantity or character of the services rendered or the work done, or whether they are commensurate with the compensation claimed, the questions being whether there was an agreement for a fixed sum, devise, or bequest, and faithful performance on plaintiff’s part.
An oral contract to make a devise or bequest to another requires strict proof to be enforceable.
A contract to bequeath is enforceable in equity under a bill, in the nature of one for specific performance, by fastening a trust on decedent’s property in the hands of his heirs, executors, legatees, and devisees.
Equity has jurisdiction of a suit to enforce an agreement to make a bequest to plaintiff, in consideration of services rendered, when the agreement names a definite sum, and under such circumstances it cannot be contended that the
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services were so general and various that they should be ascertained in a suit at law on a quantum meruit.
Decided April 9th, 1937.
Appeal from the Circuit Court of Baltimore City (ADAMS, J.).
Bill by Thomas M. Anderson against William L. Wilkens and S. Scott Beck, administrators of the estate of George T. Wilkins, deceased. From a decree overruling a demurrer to the bill, defendants appeal. Affirmed.
The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.
Charles C. Wallace, for the appellants.
John L. Sanford and John C. Weiss, submitting on brief, for the appellee.
SLOAN, J., delivered the opinion of the Court.
Unreported cases.
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