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CZAPP v. COX

Docket No. 104203.

179 Mich. App. 216 (1989)

445 N.W.2d 218

CZAPP v. COX

Michigan Court of Appeals.

Decided August 8, 1989.

Attorney(s) appearing for the Case

James T. Miller, for Wesley and Frances Czapp.

Daniel J. Stepek, and Jerald R. Lovell, of Counsel, for Anna C. Cox.

Before: MURPHY, P.J., and MacKENZIE and REILLY, JJ.

MacKENZIE, J.

Defendant Anna Cox appeals as of right from a judgment granting specific performance in favor of plaintiff. We reverse.

Andrew Czapp, the father of plaintiff and defendant, died testate in 1976. His estate included a 136.7-acre farm. Czapp's will, which was probated without dispute, made the following disposition:

1. One half of said estate to my son, Wesley Czapp, or should he predecease me, said one-half share to his wife and children...

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