Kearney v. Mechanics National Bank

This is a petition in equity in the Probate Court against the executor of the estate of Paul C. Lytle. The objectives of the petition are (1) to enforce an oral contract made by the testator with the petitioner, and (2) to recover the balance of a fund which the petitioner turned over to the testator to invest for her.

The judge made findings of material facts of which the following is a summary. The testator (hereinafter called Lytle), an investment broker, died on March 16, 1959. He was survived by his widow, Alice, and their three children. Lytle’s will was allowed on December 22, 1959, and…