Schoonmaker v. . Gray
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The plaintiff and the defendants’ testator were two of the heirs at law and next of kin of Lucena Briggs, deceased, and as such would each have been entitled to one-eighth of her estate if she had died intestate.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The plaintiff and the defendants’ testator were two of the heirs at law and next of kin of Lucena Briggs, deceased, and as such would each have been entitled to one-eighth of her estate if she had died intestate. She, however, left an alleged will under which the plaintiff was to receive nothing and the defendants’ testator was to receive…
1Opinion of the CourtMiller, J.
There can be no doubt that there was sufficient consideration to support the agreement. The defendants’ testator was one of the proponents of the will, and as legatee was entitled to virtually one-fourth of the estate. As next of kin he would have received the same as the plaintiff, one-eighth. He wished to avoid the con test, and the plaintiff’s agreement to stop the contest, not to bring any other actions, and to allow him to settle the estate in Delaware county was quite sufficient to support his agreement that the plaintiff should receive the share of the estate which he would have been…
2Cited by12 opinions
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