Levas v. Dewey

Plaintiffs, as executors of the estate of John Levas, deceased, commenced action against the defendants for the balance due on their promissory note executed July 7, 1945, to Levas, and for foreclosure of a real-estate mortgage given to secure the note.

Defendants answered, admitting the execution of the note and mortgage. By way of affirmative defense, defendants alleged that on November 26, 1947, it was orally agreed between Levas and the defendants that the defendants would execute their wills, which would provide that, upon the death of both defendants, Levas should be paid in cash any…