CAVE, Presiding Judge.
Plaintiff's petition was in two counts; the first count contested the validity of the will of Alfred L. Bealmear, and the second count sought to enforce an oral agreement to devise all of the property of Alfred Bealmear to plaintiff Russell O. Bealmear. The defendants are all the heirs and legatees of Alfred Bealmear, deceased, and the executor of his estate. When the case was called for trial plaintiff dismissed the first count and amended...
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