In re the Estate of Willets

Foley, S.

The surrogate holds that the instrument dated October 13, 1933, executed by Howard Willets, constituted a valid and enforcible agreement against him. It was executed in the lifetime of the decedent. He survived her and died previous to the initiation of the present accounting proceeding. In the instrument, which is written in his own handwriting, he stated: “ In the event of the death of Maria Willets, before the payment to her of the notes of the Alamo Coal Co., amounting to ten thousand dollars, I consent to and direct the executors of her estate to deduct from any monies left to…