Mutz v. Wallace

This is an appeal from a judgment for the plaintiff, Theodore Mutz, granting specific performance of a contract of the decedent, Marshall S. Hanrahan, to will to Mutz $10,000 and certain real property. Appellant, H. R. Wallace, is the executor of the will of the decedent; appellant and intervener, J. S. Mellen, is an heir of the decedent and the testamentary devisee of the real property in question.

A brief chronology of the facts is necessary for an understanding of the issues presented by this appeal. For many years, the respondent Mutz, a national of Canada, was domiciled in British…