Rogers v. Leahy

Opinion op the Court by

Yan Sant, Commissioner

—Affirming.

On November 28, 1940, Thomas L. Leahy and wife, Eula D. Leahy, executed a contract by which they agreed to sell to the appellant, J. L. Rogers, trustee, the minerals in and under certain tracts of land in Muhlenberg County upon payment of a stipulated sum. Before the contract was performed Thomas L. Leahy died. An instrument of writing purporting to be his last will was probated as such by the County Court of Muhlenberg County, of which he was a resident at the time ■of his decease. The purported will was typewritten, and signed by the…