New York Court of Appeals

Margaret B. Edson, as Executrix of the Will of Marmont B. Edson, Deceased, Appellant v. John E. Parsons, as…

April 19, 1898155 N.Y. 555

Summary

The Court of Appeals affirmed the lower court's dismissal, holding that the plaintiff failed to produce full and satisfactory proof of a mutual‑wills agreement between the sisters, and therefore no enforceable contract existed. Accordingly, the survivor's later will was not bound by any prior agreement and the plaintiff, as residuary legatee, had no equitable relief.