Dent v. Morton

The opinion of the court was delivered by

Thiele, J.:

Plaintiff brought his action for specific performance of a contract with a person since deceased whereby he was to receive real and personal property. Certain of the defendants demurred to his petition, and their demurrer being overruled, they appeal to this court.

Omitting formal allegations, the petition alleged that plaintiff was a minor eighteen years of age; that Ellen Amelia Shelton Gifford died August 1, 1936, leaving a last will, since duly admitted to probate, under which she devised her farm to her niece, the defendant lone E.…