Legro v. Kelley

Through this petition the petitioner seeks to recover for the estate of Francis A. Legro, of whose will she is the executrix, one hundred twenty-five shares of stock in Kelley's Excelsior Laundry, Inc., of which stock the respondent Kelley is alleged to have “possessed himself” and which he is alleged to have divided among himself and the other respondents.

On December 31, 1932, the testator and the respondent Kelley, being equal owners of the entire stock of the corporation, entered into an agreement providing that upon the death of either the survivor should “become the owner . . . of all…