Housman v. Measley

⁵⁹⁹ Adkins, J., delivered the opinion of the Court. Hester Catherine Baker, by her will, probated in the Orphans’ Court of Baltimore County, bequeathed to her daughter, the appellee, four hundred dollars, and devised and bequeathed the residue of her estate, real and personal, to her nephews, the appellants. Appellee filed a caveat to the will, to which the executor and the appellants filed answers. Appellants also filed a petition alleging that the caveator was debarred from caveating the will by an agreement of settlement or compromise between her and the petitioners, which petition was as follows: “Petition of George M. Housman, "Wilson Housman, and G. Orville Bull. “(Piled 24th day of May, 1921.) “The petition of George M. Housman, Wilson Housman, and G. Orville Bull respectfully represents: “1.

That under the will of Hester O. Baker, late of Baltimore County, deceased, and duly admitted to probate in this Honorable Court on March 21, 1921, your petitioners are the residuary legatees and devisees of all the personal and real estate of the said deceased after the payment of the just debts and funeral expenses of said deceased and a legacy of five hundred ($500) dollars to Addie Blanche Measley, the daughter of said deceased. “2. Your petitioners are the nephews of said deceased, and after said will had been admitted to probate as aforesaid and complete inventories, both real and personal, including the list of debts due the estate, had been filed in this court by Isaac Shaver, the executor of said will, your petitioners entered into a written agreement with the said Addie Blanche Measley under the hands and seals of the parties thereto, dated April 1, 1921, supplemented by a further agreement under date of April 4, 1921, said agreements being as follows: “ ‘This Agreement, Made this first day of April, A. D. 1921, by George M. Housman, Wilson Hous ⁶⁰⁰ man, and G. Orville Bull, parties of the first part, and Addie Blanche Measley, party of the second part: “ ‘Witness the said George M. Housman and Wilson Housman, of the first part, agree to pay Addie Blanche Measley $500 each, and G. Orville Bull, of the first part, agrees to pay Addie Blanche Measley $1,000. The said Addie Blanche Measley, of the second part, agrees to accept this, with the amount of legacy named in her mother’s will of $500, as her share of all the personal and real property of which her mother possessed at her demise. “ ‘It is also agreed in the event of either party of the first part failing to abide by said agreement, then each party shall forfeit $3,000, to be paid to the party of the second part, and in the event of the party of the second part fails to abide by said agreement, then a forfeiture of $3,000 shall be paid to each of the parties of the first part. “ ‘Witness our hands and seals day and year first written. “‘(Signed) George M. Housman. (Seal) “‘(Signed) Wilson Housman.

(Seal) “‘(Signed) G. Orville Bull. (Seal) “‘(Signed) Addie Blanche Measley. (Seal) “ ‘Witness: “‘(Signed) Isaac Shaver. “ ‘(Signed) J. M. Routson. “ ‘Hew Freedom, Pa., April 4, 1921. “ ‘All of the parties to this agreement, George M. Housman, Wilson Housman, G. Orville Bull and Addie Blanche Measley, being present at the office of W. H. Freed, at New Freedom, Pa., have agreed and do hereby agree and consent that the within agreement shall be and is hereby endorsed to the effect that the money affected by this agreement shall be payable immediately upon its receipt from the estate of Hester O. Baker to the within named beneficiaries and parties hereto, and that the heirs, if any, of the par