Raab v. Wallerich

The judgment herein decrees specific performance of a written contract between Peter Wallerich and Maude Wallerich, executed shortly after their marriage in 1906 and subsequently lost, in which they agreed to consider their separate property as community property and to execute wills so written that, if they had children, it and all subsequently acquired property would descend in equal shares to Clarence W. Wallerich, a son of Peter Wallerich by a prior marriage, and to the children, if any, of the parties.

The defendants appeal and assign error to the trial court’s findings of fact Nos. 2, 3,…