In re the Probate of the Will of Wentworth

Appeal from so much of an order and decree of the Surrogate’s Court of Schoharie County as confirmed a contract between decedent and his son, and declared certain provisions of decedent’s will invalid. By a written instrument decedent agreed to devise his real estate, consisting of a farm, to his son in consideration of the latter’s performance of the terms of the lease. By his will, executed later, decedent devised merely a life estate to his son, and made certain legacies a charge upon his real estate. The Surrogate held these provisions to be invalid and provided by decree that the…