This section contains the nature of the case and procedural background.

Richard Klockner and Frances Klockner (P), the stepson and step-granddaughter of the late Edyth Klockner took care of Edyth. Because of this care and the continued care, Edyth orally promised that she would leave certain property to them. A Mr. Green (D), redrafted her will and mailed it to decedent on November 24, 1965. Apparently, because of her belief that a will was a premonition of death, the redrafted will remained unsigned. Edyth died in February of 1966. At the trial over the enforcement of P’s oral contract, the trial court granted D's motion to dismiss because no contract had been established. The Appellate Division affirmed holding that since there was no reliance by P upon the decedent's promise, the statute of frauds barred enforcement of that promise and both Ps testified that they would have continued to perform the services for Edyth even if she had not made the promises to compensate them. P appealed.

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