276 Pa. 579 | Pa. | 1923
Opinion by
Plaintiff and defendant are brothers and, on December 23, 1914, they entered into an agreement with their mother, reciting that J. M. Silverthorn,. their father, died February 26, 1912, leaving a will which contained a clause stating his object to be tb ^secure the advantage of having my property divided in connection with that of my wife’s pr'operty, between bur two children,” the agreement reciting the intention of the parties to carry out these provisions of testator’s will and effect an amicable distribution of “the estates of the said J. M.
The general object of the agreement, as indicated by its terms, was to make an equal distribution of the prop
The decree of the court below did not direct plaintiff’s wife to join in the quitclaim deed but counsel agreed at the argument that this would be done in event of affirmance of the decree by this court.
With this understanding, the decree of the court below is affirmed at costs of appellant.