Beemon v. Utz

Opinion of the Court by

Judge Clay —

-Affirming.

On June 2, 1926, J. W. Utz and wife entered into a written contract by which they sold to Alonzo Beemon a Boone county farm belonging to J. W. Utz. The purchaser declined to take' the property on the ground that Utz could not convey a good title. Thereupon this action was brought for specific performance. On final hearing plaintiffs were granted the relief prayed, and Beemon has appealed.

The case turns on the construction of the will of Legrand Utz, the father of J. W. Utz, the material portions of which are as' follows:

“Second: After my death I…