Thomas v. Thomas

John Thomas willed his houses and assets to his brother Samuel (defendant), with provisions for expenses for his wife Eleanor (plaintiff), and the night before his death told two witnesses he wanted Eleanor allowed to live in one of the houses transferred to Samuel. After John died, Samuel and Eleanor drafted a written agreement in which Samuel expressed his desire to honor John's wish, but the agreement's final terms required Eleanor to pay Samuel one pound annually and make necessary repairs in exchange for living there; the arrangement continued for years until Samuel died, and his executors, refusing to continue it, brought an ejectment action against Eleanor. Eleanor sued the executors to enforce the contract, and the trial judge ruled for her; the executors appealed.