Levis v. HANMOND

—This ? is a suit in equity by Howard H. Levis for specific performance of an alleged oral agreement between *569Dave Flum and his predeceased wife Maud to make mutual wills in which plaintiff, nephew of Maud, was to be beneficiary, subject to the life estate of the surviving- maker. Following trial to the court, relief was denied and plaintiff has appealed. One ground of the trial court’s decision is that it would be inequitable to award specific performance.

August 26, 1939, the alleged mutual wills were prepared by E. E. Poston, then an attorney at Corydon, and executed by Mr. and Mrs. Flum. So…