Shisler v. Catholic Cemetery Improvement Ass'n

— There is presented here but one question. That involves the plaintiff-appellant’s right to the specific performance of an indenture dated May 6, 1912, alleged to have been entered into by and between the New York Foundling Hospital and Catherine Hower, late of Fort Dodge. By its terms, the written undertaking purports that Catherine Hower agreed to adopt one Nellie Hower, or give and bequeath the latter, through a will, “at least as large a part of the estate, real and personal; of the testator as she [Nellie] would have received if said testator had died intestate and said child had been…