Woltz v. First Trust Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action in the nature of specific performance to establish and enforce an alleged oral contract between plaintiffs and one Margaret Schindler, by which plaintiffs were to have her property at her death. The trial court made findings of fact and rendered judgment for plaintiffs, and defendants have appealed.

Margaret Schindler, for many years a resident of the city of Wichita, died March 15, 1930, when eighty-five years of age. She left no will and had no known heirs. At the time of her death she was the owner of real and personal…