GROCE v. GROCE et al

Messrs. Bonham, Price Poag, W.M. Walters and T. H. Munro, for appellant, cite: Admission of indebtedness with promise to make a will supported assumps it: 1 McM., 486. Similar agreement held enforceable: 48 S.C. 86. Existence of contract inferred from statements of deceased: 53 S.C. 383. Direct evidence aided by relations of the parties and their business habits may establish a contract: 91 S.C. 290. Messrs. Bomar, Osborne Brown and Haynsworth Haynsworth, for respondents, cite: Agreement to make a will must be definite and certain established by clear, convincing evidence: 73 S.C. 155; 100 S.C. 496; 90 S.E., 177. Binding nature of agreement must be understood: 100 S.C. 341; 84 S.E., 878. Contract required to be deliberately entered into: 22 S.C. 486. Attitude of Courts to similar contracts: 280 Fed., 663 671. Effect of declaration of testamentary intention: 76 N.J. Eq., 386; 77 Atl., 354. Where parties live together for mutual convenience: 146 Ky., 316; 117 Ky., 547; 197 S.W. 950. Failure to object to breach of contract: 59 S.C. 528 at 535. Breach of contract by beneficiary: 94 S.C. 267.