SICK v. WEIGAND

Where a testatrix makes her will or refrains from altering it on the oral promise of the beneficiary to hold and/or dispose of all or part of the property to him bequeathed in a manner required of him by the testator, equity, in order to prevent the statute of wills from being employed as an instrument of fraud, will consider such beneficiary a trustee for the performance of his said promise.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Lewis in the court of chancery.

For affirmance — PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 13.

For reversal — None.