Roberts v. Coffey, Administrator

The opinion of the court was delivered by

Fatzer, J.:

The action was one to enforce performance of an oral contract to devise and bequeath the plaintiff all of the property of his parents existing at their death. The plaintiff has appealed from that part of the judgment denying specific performance of the contract upon the ground performance would be inequitable.

As preliminary, it should be noted the decedent executed his last will and testament on August 5, 1952, and named the plaintiff as executor. Following the decedent’s death, December 6, 1960, the plaintiff petitioned for admission of the…