In re Estate of Dull

The opinion of the court was delivered by This was an action in the nature of specific performance to
establish and enforce an alleged oral contract between appellees
Martin and Martha Halfmann, and Florence Dull, deceased, whereby
decedent agreed to will them her farm in consideration of their
continued care and services for the remainder of her lifetime. On
the issues joined, the trial court found a contract had been so
made, and ordered specific performance thereof. From a judgment
rendered in accordance therewith, Aubrey Earhart, executor of the
estate of Florence Dull, deceased, and the devisees of decedent's
last will and testament, made only a few months before her death,
appeal. In the interests of brevity, the story of this litigation may
best be related by incorporating the trial court's well-written
findings of fact and conclusions of law, upon which its judgment
was based.