Smith v. Young

This action was instituted in 1943 to recover a series of monthly payments aggregating $23,825, claimed to be due the plaintiff, commencing from January 14, 1939, under the provisions of the will of her deceased husband. An answer was interposed by the defendant trustees, verified on January 4,1944. On February 5,1944, the plaintiff, without the knowledge of her attorney in this action, executed to the defendants a general release for the consideration of1 ‘ Ten Dollars and other valuable consideration. ’ ’ Said release contained the following provision: “ (Releasor agrees to dismiss suit…