Schultz v. Carlson

Arthur E. Schultz and John 0. Bark-well brought separate suits for specific performance of agreements for the sale of separate parcels of real estate. Both cases involve the same defendants and the same issues. They were consolidated for trial and appeal.

Otto Thum, a resident of California, died testate November 10, 1943. His will was admitted to probate in California and his daughter, Marion I. Carlson, was appointed executrix of his estate in that State. The will provided, in part, as follows:

“First: I direct that all just claims and debts against my estate be paid.

“Second: Unto my beloved…