8 N.Y.S. 160 | N.Y. Sup. Ct. | 1889
The defendants were of full age, knew the effect of their action, and, acting upon their sense of justice, and a desire to preserve family harmony, generously released their superior rights under their father’s will, and accepted an equality of rights with their brothers and sisters. Such is the effect of the finding of the referee upon evidence which, we think, not only supports, but requires, it. The agreement was made upon sufficient consideration. All the heirs received something under the will. Each one released his or her portion to all, and all united in granting to each one an equal portion of the whole. There was, moreover, the consideration of love and affection, and the desire that family harmony should not be destroyed
The agreement by Mrs. Buckbee and John T. Bunn to pay Mrs. Conant $3,000 if she would sign the agreement was based upon her claim that she had previously received less from her father than her sisters had. The claim was conceded, and the money paid by Mrs. Buckbee and John T. Bunn. There is no claim now that the fact was otherwise» Mrs. Bartlett knew about the transaction. Mrs. Dean did not, but she was not injured by it. The money was demanded in order to make the scheme of equality complete, and not as an inducement to engage in a scheme to defraud Mrs. Dean. The judgment is affirmed, with costs. All concur.