Baker v. Allyn

Judgment affirmed, with costs. Memorandum: The finding that the wills in question here were not mutual, irrevocable wills is supported by the clear weight of the evidence. Plaintiffs’ complaint was properly dismissed. (See Rastetter v. Hoenninger, 214 N. Y. 66, and Wallace v. Wallace, 216 id. 28.) All concur. (The judgment dismisses the complaint in an action to establish a contract to make a will.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.