58 N.Y.S. 447 | N.Y. Sup. Ct. | 1899
This is an action to establish and enforce a mut-ual agreement alleged to have been entered into by three sisters, respecting the disposition of their several estates. The alleged agreement is thus set forth in the complaint: “ That one Matilda Éyerdéll, one Catherine Everdell and one Mary L. Everdell, who were sisters, now deceased, late of the city of Hew York, entered into a mutual, verbal.agreement with each other, sometime in the early part of the year 1881, or prior thereto, whereby they each with the other, interchangeably agreed to make and leave last wills and testaments, by which they should give, devise and bequeath all their estate and property of every kind and description to the survivors and survivor of them, and of each of them, so that the last one surviving should receive, and have the entire estate of the two having died, and that she in turn, the last of the said sisters so surviving, should make a last will and testament, by which she' would leave her entire estate of every kind and description, including what she had in her own right,, and what she had or should receive from her two sisters, unto all their nieces living at the time of her decease to share and share alike.”
The .rules applicable to actions of this character have recently been formulated by the Court of Appeals in clear, precise and
Weighing the evidence in this case by the strict rules above stated, I am unable to escape the'conviction that the plaintiffs have successfully established the agreement set forth in their complaint, i
The three sisters, who are said' to have made the agreement here / sought to be enforced, were the unmarried daughters of William Everdell, from whose estate they each received a modest competence. They had several brothers and one married sister, none of whom' seem to have been financially prosperous. At the time the agreement is said to have been made, the brothers and the married sister had numerous children, of whom eleven were daughters, all unmarried, save one. William Everdell died in 1869, and the three sisters lived with their father during his lifetime, and continued to,live with his widow, their stepmother, until her death in 1874. Thereafter, Matilda- and Catherine lived with a brother in Hew Jersey, while Mary L. took" up a residence with
Matilda Everdell .died first, in' .July, 1881, leaving a will dated April 4, 1881, in which she carried out the agreement on her part ■by.leaving all-her property to her two surviving sisters. Catherine Everdell followed her in about six. months, leaving a will dated - July 26, 1881, in which she also carried .out the.agreement on
Ordered accordingly.