In re the Accounting of Fusco

Jambs S. Brown,

Justice of the Supreme Court and Acting Surrogate. Testator and his sister Amelia each owned an undivided seven-eighteenths interest in certain real property; the remaining two-ninths interest was owned by others. On October 20, 1950 Amelia delivered a quitclaim deed to testator. On the same day testator executed an instrument in which he recited the delivery of the deed, that he accepted it for the purpose of facilitating the sale of the property, and that he agreed to pay over seven eighteenths of the proceeds to Amelia if living, and if dead, to her children Michael and Mary…