Mildred Kingsmill was survived by her brothers, Orson Adams and Alvin Adams (the heirs). Kingsmill’s will placed her estate be placed into a trust, with the trust income being paid to Mayes Foeppel during her lifetime. Upon Foeppel’s death, the trust principal was to be distributed to the New York Association for the Blind (the association). After Kingsmill’s death, Foeppel, the association, and the heirs entered into an agreement to divide the trust assets between them. The executors and trustees under the will, Link and the United State Trust Company of New York (trust company), refused to carry out the agreement. Foeppel and the heirs (plaintiffs) brought suit against Link and the trust company (defendants), asking the court to approve and enforce the agreement. The lower court refused to approve the agreement, and Foeppel and the heirs appealed.