Show SUPREME COURT 7 DECIDES OLD CASE A Denies the Right to Compel Specific Performance of 1 r Written Agreement ESTATE CONTEST SETTLED Court Holds That nl Vir wife I If ry to Injure Validity of Realty Option denied to compel the specific performance of a written agreement for the sale Kilo of property In an opinion down yesterday in the case of Sulp M. M Free against Fannie Marie Little il tL al appellants The case cao was as remanded remand ed to the district court for and settle the content of the estate of James T T. Little who ww died February ary 2 28 1858 The action in tu lower court was based upon the written option of a certain piece of properly owned by Oio estate Little to M. M Free the privilege of purchasing the property prop prop- ort erty Upon the payment of to Alice S. S Little who ap ap- ap pointed guardian of the appellants Q August 22 2 I 19 When Little died lie he left heft a will In which he iii made hii wife the executrix of his 1118 estate The respondent offered to pay the the- but Mr MiS Little refused to tako It Tin The stilt In the lower court and ald in judgment for the plaintiff enforcing the carrying out of the con con- tI-a tI tract Ct The ease case was appealed and auth the Su- Su court held that It could not be enforced Mrs Little who was wan the legal wife and owned third one In her husbands husband's estate by law did not Join In on the contract am and did not agree to the transfer of the ty For this reason it Is held that the contract was void and could Riot not bo be enforced Another point made in the titi Supreme court decision Is that complainant did not file a a. claim against the es estate es- es tate as required by iy thin the statute for forthe tile the compelling of a certain performance perform ance ticu of contract The rhe opinion was written by Justice Joseph K E. Frick and concurred In by Chief Justice W. W M. M McCarty and Justice D. D N. N |