In re the Estate of Dertadian

Decree modified on the law in accordance with the memorandum and as modified affirmed, with costs to all parties filing briefs payable out of the estate. Memorandum: The judgment in the Supreme Court action entered in the Herkimer County Clerk’s Office on May 20,1943, which dismissed, on the merits, an action brought by respondent [Maxfield] to compel specific performance of an alleged agreement to the effect that, in consideration of services performed and to be performed, decedent agreed that he would, by suitable provision in Ms last will and testament and in full compensation for said…