Erickson

Edward Johnson died in September, 1927, leaving an estate valued at approximately $80,000, leaving a will by which he disposed of approximately one- half thereof, and dying intestate as to the remainder. The appellant concedes that he intended to dispose of all his property by will, but failed to do so because certain real property he owned was worth much more than he thought. In this will Johnson stated that he had no living children, but in two bequests, with much misspelling, he left certain sums to his wife’s heirs, and other sums to “my heirs”, including $2,000 to Charles Erickson, which was paid during the course of administration.

Before distribution was made in this estate and in May, 1929, Charles Erickson brought an action against the executor and the known heirs for the specific performance of a contract to adopt “in its property aspects”. In his complaint he alleges that he was born in Chicago on May 26, 1873; that his father died in 1876 and his mother died on August 20, 1877; that for a time after the death of his mother he was cared for by an aunt, Mary Erickson; that on August 28, 1877, after public announcement to the congregation of the Swedish Mission Church of…