43 N.J. Eq. 440 | New York Court of Chancery | 1887
This bill is filed to enjoin the defendant Pultz from conveying property which he had agreed with the complainant to devise to her by his last will and testament, in case, as is alleged, she should enter into his service and take care of him and nurse him during the remainder of his life. It is admitted that in Juñe, 1883, Mr. Pultz agreed with Mrs. Pflugar, the complainant, that if she would go into his service, and do his housework, and nurse and take care of him in his sickness, during the remainder of his life, he would make and execute a last will and testament, and would therein and thereby devise to her the house and lot in which he then lived; and it was also agreed that she accepted the offer,
The defence is that. Mrs. Pflugar is not entitled to any relief,, because she violated the contract under which she claims, and also because she gave notice to Mr. Pultz that she intended to-leave his service, which notice, it is alleged, he acted upon, and made provision, accordingly, for his own wants and comfort. The-allegation respecting such notice rests upon the testimony of Mr. Pultz alone. Mrs. Pflugar swears that she gave no such notice, but frankly admits that she said to him that there were-two other places where she could find employment, and that was-all she ever said upon the subject. This is all the proof, and Mr. Pultz has nothing else to support his attempt to get rid of his obligation. He admitted that he went at once to Mrs. M.,, and that Mrs. Pflugar remained in possession of the house, and continued there until he made the deed to Mrs. M., and has re
The only question remaining is, whether or not the complainant can have relief under the circumstances ? Is such an agreement, resting in parol, binding, when the promisee has honestly and. faithfully entered upon the performance of it, and for years abided by its provisions ? I conclude that the true meaning and spirit of the authorities sustain such an agreement. Updike v. Ten Broeck, 3 Vr. 105; Kent v. Kent, 62 N. Y. 560; Peters v. Westborough, 19 Pick. 364; Ridley v. Ridley, 34 Beav. 478; Bell v. Hewitt, 24 Ind. 280.
It is yet to be considered whether such an agreement, independently of the question whether it must be in writing or not, can be enforced. And I conclude that all of the authorities in this country hold the affirmative. Davison v. Davison, 2 Beas. 246; Johnson v. Hubbell, 2 Stock. 332; Van Dyne v. Vreeland, 3 Stock. 370; S. C., 1 Beas. 142 ; Parsell v. Stryker, 41 N. Y. 480; Jenkins v. Stetson, 9 Allen 128.
The complainant is entitled to the relief prayed for.