Neely v. Merchants Trust Co. of Red Bank

FAKE, District Judge.

The plaintiff herein seeks specific performance of an alleged oral agreement made by Eliza A. S. Calef with him on or about September 10, 1921, whereby she agreed, among other things, to “execute and leave on her death, her last will and testament, wherein she would provide that plaintiff should be her residuary legatee and devisee”, and also to make plaintiff the executor of said will.'

The said Eliza Calef departed this life on November 25, 1929 intestate. Thereafter, proceedings were brought in the Prerogative Court of New Jersey to probate a carbon copy of a will…