Pollock's Estate

Stearne, J.,

dissenting. — I am unable to concur in the judgment of the majority of the court. The verbal and written agreement between the mother and son, entered into by the mother with full knowledge and conceded mental capacity — acquiesced in and acted upon by the parties for over six years and until the death of the mother — ought not now to be permitted to be overthrown by beneficiaries under the mother’s will and for their own benefit.

The ruling of the Auditing Judge, affirmed by the majority of the court, was that the son was a trustee of the corporate stock in question, and that,…