Dau v. Pence

— Plaintiff, Ernest Dau, brought this action against Robert Pence, as administrator of the estate of Elizabeth Sewell, for specific performance of an oral contract, alleged to have been made by decedent, to make a will devising all her property to him. The administrator answered by a general denial.

When the cause was called for trial, the state filed a motion for leave to intervene, supported by an affidavit of the chairman of the tax commission, alleging that Elizabeth Sewell died without heirs and intestate; and that, “in the event plaintiff herein is unable to secure a favorable judgment…