Schneider v. Fox

On August 7, 1973, Arthur O’Hearn died, leaving behind not only the usual assortment of personal effects but also a lawsuit waiting to happen. The facts are these: in a will dated October 7, 1958, O’Hearn specifically devised a 40-acre tract in Ottawa County to the defendant, Home for the Aged of the Little Sisters of the Poor, Inc., (hereinafter, "Home”). Nine years later, on December 20, 1967, O’Hearn contracted in writing to sell the identical parcel to plaintiff for $6,000, taking a $100 check as a deposit.

After O’Hearn’s death, his will was admitted to probate, and defendant William E.…