In re the Estate of Waldman

In a proceeding by the executor for judicial disallowance of a claim against the decedent’s estate, the claimant appeals from a decree of the Surrogate’s Court, Kings County, dated November 22, 1968, which granted the application. Decree reversed, on the law and the facts, with $10 costs and disbursements, payable out of the estate; petition dismissed on the merits; and claim determined to foe valid and enforceable. In our opinion, it is clear that under the language of the agreement in question the decedent and others did not *781“ direet[ly] and unconditional[ly] ” agree to be primarily liable…