Henry v. Scurry

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment of the district court decreeing specific performance of an alleged oral contract to devise 240 acres of Sumner county land. The promisors were the late J. S. Henry and Minnie G. Henry, his wife, of Boonville, Mo. J. B. Henry, of Mayfield, Kan., nephew of J. S. Henry, was the promisee.

J. S. Henry and Minnie G. Henry each owned an undivided one-half interest in 480 acres of land in Sumner county.

J. S. Henry died testate in Missouri in February, 1939, after devising all his property to his wife, Minnie G.…