Munson v. Munson

Decided June 15, 1808

WRIT of error. Joseph Munson brought an action of assumpsit against Jabez Munson, alleging that Jabez Munson, their father, made his will, and thereby gave his estate to his wife arid children; that in order to have a just distribution thereof, according to the will, the heirs and devisees entered into an agreement signed by each, appointing Caleb Jllling and Joseph Dorman to make such distribution, and bound themselves “ to abide by, comply with, and perform, all the acts…

Decided 1808-06-15

jjy THE Court,

¶1unanimously. The question that arises in this case is, whether the consideration alleged in the declaration is a good ground to support, the promise of the defendant. This consideration is the title and right in fee, which the defendant is supposed to have acquired in the lands set out, and distributed to him, by the award of said arbitrators.

¶2But the award conveyed no title. The transactions stated do not amount to a family settlement of the estate of said Jabez Munson, deceased. His estate remains yet unsettled, and, on application, is liable to be divided and distributed among the heirs or devisees, by freeholders appointed by the court of probate.

¶3The consideration is wholly void, and not sufficient to support a promise, express or implied.

¶4Judgment affirmed.