Nugent v. Humpich

Opinion op the Court by

Drury, Commissioner—

Affirming*.

Claiming he had a contract for the purchase of certain property belonging* to the estate of Ben Humpich, William P. Nugent instituted this action for- its specific performance and asked in the alternative for $2,250 for its breach. He got neither and has appealed.

On August 6, 1923, Ben Humpich died, and three days thereafter a paper was probated as his will, the following parts of which are involved in this controversy:

“Item 2. All my property, real, personal and mixed, of every kind and description, wherever situated, I leave to my…