In Re Estate of Ziebell

Swinehart, J.:

This is an appeal from an order denying a motion for summary judgment. The appellant is the administrator of an estate wherein appellee filed a claim in the nature of an action to enforce an oral contract between herself and the decedent to convey his real estate to appellee. The motion was decided on the basis of the amended claim filed by appellee, affidavits filed by appellant and depositions of witnesses named by both parties. The trial court denied appellant’s motion stating in part that from the facts available

“1. There is a question of material fact as to whether an oral…