In re the Estate of Vaughan

Wingate, S.

The objections to the present account raise a somewhat interesting question of the enforcibility of a contract entered into by the decedent during her life.

The essential facts are undisputed and have been embodied in a stipulation of the parties. On September 25, 1929, the decedent and the respondent entered into a contract pursuant to which the former agreed to purchase, and the latter undertook to sell and convey, certain lots in Staten Island. The purchase price was payable in installments, which were duly paid by the decedent for a time, after which default on her part…