103 Misc. 641 | N.Y. Sup. Ct. | 1918
The defenses demurred to are obviously bad, and defendant’s counsel makes no attempt to justify them, but contents himself to assail the complaint. That pleading, by sufficient allegations, sets out a contract in writing among four sisters, requiring, each of them to execute a will, unalterable and irrevocable by codicil or otherwise, providing first for her descendants, and then, in the event of her death without leaving descendants her surviving, that all of her property should go in equal shares to the survivors of the said four sisters, after the payment of debts and funeral expenses, and the payment of legacies of one dollar each to her brothers, and of one dollar to her husband, should she marry; the agreement further providing that in case she married after making such will she should make another will with identical provisions except for such changes as would be necessitated by the occurrence of the marriage. Defendant’s counsel attributes only one vice to the agreement — and I have looked for and considered no other — which is, that it contravenes public policy in that it was designed or tends to restrain marriage; and he relies upon dicta in Gall v. Gall, 64 Hun, 600,
Demurrer sustained, with costs.