Legal Effect of Contracts to Devise or Bequeath Prior to the Death of the Promisor: I

Abstract

Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor\u27s death are considered only when they appear essential to the development of the main theme which concerns the contract\u27s effect prior to the time when actual performance is possible