Felton v. Finley
Idaho Supreme Court
209 P. 2d 899 (1949)
Seigle Coleman died testate in 1943. Coleman’s will gave six of Coleman’s nieces and nephews $500 each, leaving the rest, aside from a $5,000 bequest to Wilbur Coleman, to charitable organizations. Coleman’s nephews, Seigle Finley and W.E. Finley, employed J.H. Felton (plaintiff) to contest the will on a 50 percent contingency basis. Felton initially told Seigle and W.E. that he would only accept the employment if Coleman’s other nephew, Orval Finley (defendant), as well as Coleman’s nieces (defendants), likewise employed Felton and participated in the contest. Orval and the nieces refused to join the contest. The contest was successful. The probate court, as well as the district court on appeal, found that the will was properly executed but that the clauses attempting to devise the property to charitable institutions were null and void. Consequently, the balance of the property was distributed to Coleman’s heirs, who were his nieces and nephews. Orval and the nieces accepted the distribution but refused to pay Felton his contingent share. Felton sued Orval and the nieces on an implied-contract theory. The trial court awarded judgment in Felton’s favor. Orval and the nieces appealed.
Rule of Law
Holding and Reasoning (Givens, J.)
Dissent (Holden, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.