198 A.D. 703 | N.Y. App. Div. | 1921
This action is brought by the executor of the will of Adele E. Flint, deceased, to recover six installments due and unpaid under an agreement between the defendants and the testatrix, bearing date the 10th day of December, 1917, which recites that the testatrix had loaned to the defendants the sum of $30,000, and that they agreed to repay it in semi-annual installments of $1,000 each, together with interest on the outstanding principal, and as security for the loan the defendants had deeded to the testatrix the premises known as 99 Lexington avenue, New York city, which she was to hold as security and to reconvey to them should they obtain a purchaser, on their agreement to apply any moneys realized from the sale in reduction of the loan. The testatrix died on the 19th of September, 1920. The semi-annual interest- was paid as it fell due, but nothing had been paid on the principal. The testatrix was the aunt of the defendant Flint, and resided on her country estate at Larchmont, called “ Waterlow.” On the 26th of March, 1920, her will was drawn by a member of a firm of attorneys practicing law in New York city. The defendants claim that the agreement was surrendered to the defendant Flint and the indebtedness forgiven to him by the 8th paragraph of the. will of the testatrix, which provides as follows:
“ Eighth. I give, devise and bequeath to my nephew, Thompson J. S. Flint, the lands with the buildings thereon erected, owned by me and known as ‘ Waterlow/ at Larchmont, New York, together with all the contents of the said house, with the exception of the articles hereinabove bequeathed to others.”
The testatrix rented a safety deposit box from the Lincoln
The sole claim made by the appellants is that the agreement was given to the defendant Flint by the 8th paragraph
It follows that the judgment is right and should be affirmed, with costs.
Clarke, P. J., Dowling, Smith and Page, JJ., concur.
Judgment affirmed, with costs.