Isaacs v. Isaacs

Finch, J.:

The action is brought to recover a sum claimed under an alleged agreement whereby plaintiff’s assignor and the defendants (being *62brothers) agreed to share equally any legacies under the will of a fourth brother who had died, but the contents of whose will were not then known, and to pay over, after receipt, any amount necessary to equalize the amounts received by all the brothers. The plaintiff’s assignor received less than the two defendants.

The defense sets forth that the two defendants and one Wronker filed their account as executors of the will of the deceased brother, to which…