Estate of Boller v. Boller

The opinion of the court was delivered by

Thiele, J.:

This appeal arises from the allowance of a demand against a decedent’s estate.

A. C. Boller, a resident of Geary county, died testate on January 31, 1949, and on February 1, 1949, his will was admitted to probate and U. S. Weary was appointed and qualified as executor and duly gave notice of his appointment. On October 19, 1949, Marshall W. Boiler, a brother of the decedent, filed his petition in the probate court seeking performance of an oral contract with A. C. Boiler under which he was to receive specific real and personal property. Under…