Kawata v. Barry

This action was brought to enforce a settlement agreement entered into between the attorneys for the appellant executors and the defendant Mary Neary. The settlement was made during the trial of an action for the partition of real property brought by Mary Neary against the appellants. That action was discontinued but there is a finding in the record before us to the following effect: “ 8. On February 26, 1929, and during the trial of the said prior action of partition, it was agreed by and between the defendants, Margaret M. Barry and Robert M. Gluck, as Executors of the Last Will and…