Owsley v. Yerkes

Citations

• 187 F. 560
• 109 C.C.A. 250
• 1911 U.S. App. LEXIS 4197

Syllabus

<p>Wills (§ 212*) — Agreements—Construction.</p> <p>An agreement between a widow, who claims against the will of her deceased husband, and his executor and heirs, by, which the widow is to receive a certain share of the estate after payment of debts, and an additional sum after payment of legacies, and in which she agrees not to institute nor pro'secute any further litigation against the executor or estate, “except * * * for the purpose of securing any rights of hers hereunder,” does not debar her from maintaining a suit to enjoin the executor from taking any action which she may deem detrimental to the estate, and which would therefore directly affect her interests under the contract.</p> <p>[Ed. Note. — For other cases, see Wills, Dec. Dig. § 212.*]</p>