Majority
p. 729In the Matter of Establishing Contract Binding upon the Estate of Mary O’Connor, Also Known as Mary Anne O’Connor, Also Known as Mary L. O’Connor, Deceased. Julia L. Friehofer, Respondent; Arthur L. Gould, as Executor, etc., of Mary L. O’Connor. Deceased, and Province of St. Joseph of the Capuchin Order, a Domestic Religious Corporation Owning and Controlling Capuchin Fathers Monastery and Seraphicate Seminary of Mary Immaculate of Garrison, New York, Appellants.
Proceeding in the Surrogate’s Court of Queens count)»' to secure specific performance of a contract between the petitioner and the deceased, Mary O’Connor, under which contract the deceased was obligated to bequeath her property to the petitioner. Decree for the petitioner impressing a trust on decedent’s funds in the hands of the executor unanimously affirmed, with costs to respondent payable out of the estate. No opinion. Present — Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ.