Casper v. Frey

Plaintiffs brought this action for specific performance of an oral contract to devise real property. Issues were made and trial was had. At the close of plaintiffs’ evidence, the trial court sustained a motion to dismiss. Plaintiffs appeal. We affirm the judgment of the trial court.

The plaintiffs in this action are Henry L. and Ida J. Casper. The defendants are Jerry W. Frey, administrator of the estate of Catherine Oelting, deceased, and the State of Nebraska. The State is made a party on the premise that unless the contract alleged is performed, the property will escheat to it.

Plaintiffs do…