In re the Estate of Jemzura

Appeal from an order of the Surrogate’s Court of Madison County, entered October 19, 1977, which denied appellant’s motion to dismiss petitioner’s application to compel performance of an alleged agreement between the children of the decedent. John Jemzura died intestate on May 9, 1963, leaving four children as his sole distributees. At the time of his death, decedent owned 90 acres of improved real property which were encumbered by a mortgage in the face amount of $10,000 held by his son, George Jemzura. In 1964, George assigned this mortgage to his brother, Raymond. In the month of June,…