146 Misc. 600 | N.Y. Sur. Ct. | 1933
The claim of Anna E. Cunningham is allowed to the extent of $2,500 as against the outright share of Elizabeth K. Buckley in her one-half of the residue. It is disallowed in its entirety against the balance of the residue which is held in trust for the benefit of Mary L. Teksmo. I find upon the evidence that an express agreement was made by Mrs. Buckley to settle and adjust the claim of Miss Cunningham against the estate and an express direction was given by Mrs. Buckley to the executor to pay the proportionate amount, fixed above, out of her share of the estate. Despite any doubtful validity of the claim, the agreement of the legatee created an enforcible right on the part of the claimant
Submit decree on notice settling the account in accordance with this decision and the prior directions of the surrogate.