In re the Estate of Thoens

S. Samuel Di Falco, S.

This is an application by the preliminary executors in a probate proceeding to dismiss a claim asserted against the estate. This claim to one half of the estate was made by the claimant simultaneously with his opposition to a decree approving a compromise agreement which would dispose of a heavily litigated protracted will contest. Under several wills of the decedent, including this last will, he would be entitled to a $20,000 legacy. The claim is based on an alleged oral promise by the decedent to make a will which would give to the claimant one half of the residuary…