Onofrey v. Wolliver

Opinion by

Mr. Justice Allen M. Stearne,

This is a suit in assumpsit upon a written and sealed family agreement. The five plaintiffs and two defendants are brothers and sisters, children of Elizabeth ITamara, a widow, who died intestate on October 6, 1939. The agreement was executed by six of the seven children. Michael, a son, was not present when the agreement was signed, but acquiesced in it and is a party plaintiff. Plaintiffs’ motion for judgment n. o. v. was refused and judgment entered on the verdict, two of the five judges dissenting, in an opinion written by President Judge Valentine.…