¶1Judgment affirmed, with costs. Memorandum: The finding that the wills in question here were not mutual, irrevocable wills is supported by the clear weight of the evidence. Plaintiffs’ complaint was properly dismissed. (See Rastetter v. Hoenninger, 214 N. Y. 66, and Wallace v. Wallace, 216 id. 28.) All concur. (The judgment dismisses the complaint in an action to establish a contract to make a will.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.
257 A.D. 1033
Baker v. Allyn
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1939
Appellate Division of the Supreme Court of the State of New York · decided 1939-06-28
Relies on Rastetter v. . Hoenninger
Decided 1939-06-28