The upshot was that Schumm's paternity suit against Beery's estate put would-be half-siblings and other would-be family legatees, including a would-be uncle, Noah Beery, Sr., in the position as "de facto" defendants. Phyllis Ann Riley was not named in Beery's will. Part of plaintiff's claim, initially, hinged on whether an oral agreement was binding. Gloria had claimed that Beery, while alive, agreed to provide for the child. However, on November 17, 1949, Judge William B. McKesson (1895–1967) threw out Gloria's claim. The judge reasoned that any oral agreement between the two, specifically any that was intended to provide for maintenance and care of a minor, was not binding because the amount allegedly agreed upon was in excess of $500, which must be made in writing.