Mccarthy v. Pieret

24 N.E.2d 102 (1939)

Facts

Pieret (D) executed a bond and mortgage to Mrs. Jackman who later entered into an extension agreement to extend the due date to March 7, 1940. The extension agreement provided that in even of her death before that date, the interest and principal payments were to be made to certain designated relatives. After Mrs. Jackman's death, the right to future payments were claimed by her husband and by designated relatives. The lower court ruled that the extensions were a gift and not an attempted testamentary disposition. This appeal resulted.