223 Ga. 851 | Ga. | 1968
This is a suit for specific performance of an oral contract to devise land and for other equitable and legal relief. Upon the trial of the case, the jury returned a verdict in favor of the plaintiff Thad E. Bacon, and
Thereafter, on January 16, 1967, the defendants filed a motion for summary judgment. Defendants filed no affidavits in support of the motion. The plaintiff filed a written response and sixteen affidavits in opposition to the motion. On September 14, 1967, after a hearing, the court granted the defendants’ motion for summary judgment. The appeal assigns error on the granting of the summary judgment.
The sole issue for our determination is whether the affidavits filed by the plaintiff in opposition to the motion for summary judgment are sufficient to support a finding that Eudora M. Bacon agreed to make a will devising her property to plaintiff immediately upon his coming to Worth 'County. A thorough survey of the affidavits filed by the plaintiff discloses that several of the affiants recall with a great degree of exactness statements of Eudora M. Bacon as to the time when the will was to be made. One affiant testified that Eudora M. Bacon stated “that as soon as Thad [plaintiff] came to Worth County she would immediately make a will which would provide that whatever had been accumulated through the operation of the farm, plus her interest in the farm would be left to Thad Bacon.”
Judgment reversed.