
    Abraham Grundt, Respondent, v. Minnie Shenk, as Executrix of Joseph Shenk, Deceased, Appellant.
    
      Decedent’s estate — contract — action on alleged contract to make will and leave bequest to plaintiff.
    
    
      Grundt v. Shenk, 222 App. Div. 82, affirmed.
    (Argued May 31, 1928;
    decided June 19, 1928.)
    Appeal from a judgment, entered December 19, 1927, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon a verdict directed by the court and directing judgment in favor of plaintiff. The action was to recover upon an alleged contract whereby defendant’s testator promised and agreed that in consideration of the plaintiff remaining in his employ and devoting himself to the advancement of his interests and business affairs testator would make and execute a will and therein bequeath to the plaintiff the sum of fifty thousand dollars in cash. There was evidence that after making this promise testator handed to his attorney a memorandum in his handwriting and directed him to draw a will in accordance therewith and that amongst other things the paper provided for a bequest to plaintiff for the amount heretofore stated.
    
      Samuel Seabury, Francis G. Caffey and Joseph Lorenz for appellant.
    
      Abel E. Blackmar and Percival E. Jackson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Pound, Crane, Andrews and O’Brien, JJ. Dissenting: Cardozo, Ch. J., Lehman and Kellogg, JJ.  