Supreme Court of New York, Appellate Division
109 N.Y.S 148 (1908)
George Nees owned property called the “Sackett Street Property” and held property called the “Atlantic Avenue Property” in trust for two of his children, Sophia and George (defendants). When Nees died intestate, an attorney gathered Nees’ five children to open Nees’ strong box. The strong box contained the deed to the Atlantic Avenue Property, which the attorney handed to Sophia. Nees’ other children expressed their surprise that Nees had held the Atlantic Avenue Property for the benefit of only two of his children. Sophia stated that she and George would give up their shares in the Sackett Street Property if their siblings did not bother them about the Atlantic Avenue Property. George agreed. The Sackett Street Property was later sold. Thereafter, Anna Springstead and two siblings (plaintiffs) brought suit against the defendants to enforce their promise to relinquish their shares of the Sackett Street Property. The trial court granted judgment to the defendants.
Rule of Law
Holding and Reasoning (Jenks, J.)
Dissent (Hooker, J.)
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