Schwartz v. Horn

Chief Judge Fuld.

This appeal, which involves mutual wills, calls upon us to decide whether the surviving testator, who had agreed to devise a specific piece of property to named beneficiaries, is privileged to make an inter vivas gift of that same property to a third party.

On March 18, 1958, Alfred Horn and his wife Bose executed mutual wills. The farmer’s will provided that it “ is drawn and made with the understanding that simultaneously herewith my wife, Bose Horn, will execute a Will upon terms and conditions therein set forth to the effect that this Will constitutes a part of a Mutual…