Rubin v. Irving Trust Co.

These appeals are from orders denying motions by different defendants for summary judgment dismissing the complaint, which demands specific performance of an oral contract by a decedent to refrain from changing a will. Plaintiff alleges that he purchased shares of stock in a closely held corporation from his brother and sisters, in consideration of a promise by another brother, Harold Rubin, the decedent, not to alter his 1938 will which would have given his stock to plaintiff. Decedent’s holdings amounted to about 15% of the issued and outstanding shares, and are said to have been worth…