In re the Estate of Douglas

Delehantt, S.

Since April 29, 1933, section 31 of the Personal Property Law provides in part:

“ Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking.

*717“ 1. By its terms is not to be performed within one year from the making thereof or the performance of which is not to be completed before the end of a lifetime;”

In the action transferred to this court by the Supreme Court plaintiff seeks to recover against deceased’s estate…