Majority
p. 621Maude L. Bergen, Respondent, v. Claude D. Bergen, as Executor, etc., of Abram M. W. Bergen, Deceased, and Others, Appellants.
Judgment in favor of the plaintiff in an action brought on a contract made with her husband, the testator, to bequeath to her the entire income of his estate in consideration of her resigning as a teacher in the public school system of the city of New York, thus forfeiting her rights to a pension to which she would otherwise have been entitled on completion of a designated period of teaching, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Scudder, Tompkins and Davis, JJ.