Court of Appeals of New York
120 N.E. 639 (1918)
Judge Beman drafted his wife’s will according to her instructions, giving $1000 to the plaintiff, Ms. Beman’s niece, $500 to Ms. Beman’s sister, $100 each to another sister and her son, and the house to her husband for life, remainder to the American Society for the Prevention of Cruelty for Animals. When he read the will to her, Ms. Beman decided to leave the house to the plaintiff, but she feared she would die before another will could be executed, so Judge Beman promised her he would bequeath to plaintiff in his own will a sum equal to the value of the home. When Judge Beman died it was discovered that the will contained no such gift to the plaintiff, and plaintiff sued Beman’s estate for the value of the home. The trial court found for the plaintiff, and defendant, executor of Beman’s estate, appealed.
Rule of Law
Holding and Reasoning (Pound, J.)
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