In re the Construction of the Will of Stevens

Wither, S.

Testatrix bequeathed nearly half of her estate to petitioner and devised and bequeathed the balance to her sister, the respondent. Testatrix died June 17, 1947, without natural child or issue. Her will bears date July 14, 1944, and this court has granted its probate, but has stayed the issuance of letters testamentary pending the determination of the issue raised by this petitioner. Petitioner claims that by virtue of an agreement entered into between John C. Stevens and testatrix, his wife, with the New York Foundling Hospital on or about November 18, 1912, she is entitled to the…