[Text of section effective until March 31, 2012. Repealed by 2008, 521, Sec. 42. See 2008, 521, Sec. 44 as amended by 2010, 409, Sec. 23 and 2011, 224.]

Section 5. No agreement to make a will of real or personal property or to give a legacy or make a devise shall be binding unless such agreement is in writing signed by the person whose executor or administrator is sought to be charged, or by some person by him duly authorized. This section shall not apply to any agreement made prior to May seventeenth, eighteen hundred and eighty-eight or after September thirtieth, nineteen hundred and sixty-five.