Allen v. Payson

This is a motion to strike out, as legally insufficient, seven affirmative defenses contained in defendant’s second amended answer. The action is for specific performance of an alleged agreement, made on or about January 25, 1923, between one Robert R. Perkins, plaintiff’s uncle, and the latter’s wife, defendant’s testatrix, by the terms of which she agreed that if “ the said Robert R. Perkins would make a last will and testament leaving all of his property to her in the event he predeceased her, that she would make a last will and testament disposing of all of her property upon her death,…