Herman v. Kelehan

Loring, Justice.

In a suit to compel specific performance of a written contract to make á will, the trial court found for plaintiff and ordered specific performance. From the judgment entered after denial of defendants’ motion for a new trial, all but the defendant Edward J. Herman appeal to this court.

Appellants’ principal contentions are, first, that the evidence does not sustain a finding that there was an effective contract to make a will which was acted upon by the parties, and, second, assuming that there was such a contract, that plaintiff was not entitled to specific performance but…