Majority
p. 512In the Matter of the Claim of Harold A. Robinson, Respondent, against the Estate of Ida M. Hayes, Deceased. William L. Pattison et al., Appellants. (Argued September 29, 1924; decided October 14, 1924.)
Headnote
Decedent's estate — alleged contract of decedent to deposit sum of money to credit of claimant in consideration of his taking up certain course of stud y — defense of Statute of Frauds.Matter of Robinson v. Estate of Hayes, 207 App. Div. 718 , affirmed.
Appeal from ah order of the Appellate Division of the Supreme Court in the third judicial department, entered January 23, 1924, which modified and affirmed as modified a decree of the Clinton County Surrogate’s Court allowing the claim of the respondent herein against the estate of Ida M. Hayes, deceased. It was alleged that said Ida M. Hayes agreed to and with the claimant to pay all the expenses of his two years’ course of study at Pratt Institute in Brooklyn, N. Y., to. the amount of $3,000, and to deposit said sum to his credit in the Merchants
p. 513
National Bank of Plattsburgh, N. Y., on or before the time of his entering said institute, in consideration of the promise of the claimant to give up his employment, and prepare himself to enter said Pratt Institute, and if able to pass the entrance examinations to enter upon a course of instruction there covering a period of two years. The Statute of Frauds was raised as a defense.
Joseph A. Lawson for appellants.
John H. Booth for respondent.
Order affirmed, with costs payable out of the estate; no opinion.
Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Absent: Lehman, J.