In Re the Estate of Levas

This is an appeal from a decree construing the will of John Levas, deceased, upon a petition filed by the executor, seeking to have the decedent vendee’s interest under a real-estate contract adjudged to be personal property and subject to sale under the will. The petition was resisted by George Levas, son of deceased, who claimed that the interest under the contract passed to him by the terms of his father’s will.

No statement of facts was furnished in this case, and we are therefore limited, in our determination of the question before us, to the facts as found by the trial court in the order…