67 N.J. Eq. 201 | New York Court of Chancery | 1904
This is a bill filed by the complainant against the executors and devisees of his father’s widow, complainant’s stepmother, for the specific performance of a parol agreement to devise to him, at her death, the property she received from her husband’s estate, on his death, by his will. The complainant’s father, Henry T. Clawson, at the time of his death, August 12th, 1897, held the title to his dwelling-house, on ITalsey street, in the city of Newark, and to a factory property on Hackett street, and had, besides, the title to personal property (mainly tools, &c., in the factory), worth about $10,000. Complainant had, from his own money, paid about one-half of the entire purchase-money on the Halsey street property ($6,500), and had paid in the same way about $3,000 toward the purchase of the factory property. At the time of the purchase, March, 1899, the factory was occupied under a lease to both father and son, which had still four years to run. The complainant lived with his father and stepmother from the time they all came to Newark together, and managed or superintended the work at the factory, which was the manufacture of machines, invented by complainant, for sale principally to companies- which complainant controlled. It was mainly through these inventions by complainant, and through complainant’s management of the business of manufacture and sale, and his control of the prices for both manufacture and sale, that the property of the son and that which stood in the name of the father was accumulated. A company called the Clawson Slot-Machine Company, which was organized by complainant about 1890 and controlled by him, purchased the machines from H. T. Clawson, at a price practically fixed by
On July 17th, 1900, Mrs. Clawson made a second will, the one now in question, in tire contemplation that complainant might marry Miss Hood, to which marriage she was opposed. This will, which contains some minor personal specific bequests, gives to her stepson the use of the Halsey street residence for his life on condition that he provide a home for her niece, Miss Lee, and on the further condition that he does not marry or live with Ella Hood. The use for his life of all the residue of her estate is also given to complainant upon condition that he does not live with or marry Ella Hood. The remainder in the estate after complainant’s death (or on breach of the condition) is devised and bequeathed to the defendants, who are the nephews and nieces of Mrs. Clawson. It does not appear that Mrs. Clawson ever communicated to complainant her intention of changing her will, or of making her devise of the property subject to a condition of this kind,' and, apparently without knowing of any such proposed condition, the complainant, in February, 1901, married Miss flood. After this marriage complainant and his wife lived at Flagtown, and the friendly relations between complainant and his stepmother were interrupted, but he visited her at the residence in Newark, and before her death in February, 1902, the relations became more friendly. It does not appear that the complainant knew before the publication of this will that his interest in the estate received by Mrs. Clawson from his father had' been1 made subject to this condition relating to his marriage.
The facts proved bring the case within the application of the equitable rules relating to specific performance of contracts in the nature of family arrangements or compromises. Such family arrangements changing the legal rights of the parties interested in the estate of a decedent, founded on sufficient consideration, and afterward acted on in good faith and partially performed, will be enforced, although made by parol and in the absence of a formal contract. Williams v. Williams, 2 Eng. Ch. App. 294; Neale v. Neale, 1 Keen 672 (Lord Langdale, Master of
In reaching the conclusion that the contract to devise the property was made by the testatrix, I have not relied on the evidence of the complainant as to his transactions with her. Her executors are parties to the suit, and they are necessary parties. Kempton v. Bartine, 60 N. J. Eq. (15 Dick.) 411 (Court of Errors and Appeals, 1899). Complainant's evidence as to transactions with Mrs. Clawson is therefore inadmissible under the statute relating to evidence. P. L. of 1900 p. 363 § 4. His evidence is competent, however, as to the transactions with his father. The executors of the latter are not parties to the suit, nor do any of the defendants represent him in any capacity. Complainant's evidence as to the dealings and arrangements between his father and himself is corroborated by the evidence of disinterested and credible witnesses, and a situation has been satisfactorily shown which entitled him to claim a different distribution of his father’s estate from that made by his will. This claim was honestly made, and the compromise of it by allowing substantially the entire estate left by the father to be enjoyed by the widow during her life, under her title derived from the will, on the agreement that the property should then be devised to complainant by her will, was a sufficient consideration for her agreement to devise, and Mrs. Clawson, having received on her part the full benefit" of the consideration, was equitably bound to performance on her part. Rue v. Meirs, 43 N. J. Eq. (16 Stew.) 377, 380 (Vice-Chancellor Van Fleet, 1887). In claims of this character the proof should be clear and conclusive, hut I think the proof in this case satisfies the standard required. A fact strongly relied on by defendants to raise doubts as to the existence of the alleged contract to devise is the proof that after Mrs. Clawson’s death the complainant apparently, without objection, continued to pay the rent under the lease of the factory, made by the executors of his father, including himself, and in his letters to the devisees recognized their right to