Seaver v. Ransom

Facts

Judge Beman and his wife were advanced in years, and Mrs. Beman was about to die. Her small estate was a house and lot in Malone and little else. Judge Beman drew her will according to her instructions. It gave $1,000 to plaintiff, her niece, who was thirty-four years old and in ill health. It gave smaller sums to other relatives. It gave the use of the house to her husband for life, with the remainder to the American Society for the Prevention of Cruelty to Animals. When the will was read to her, Mrs. Beman said it was not as she wanted it: she wanted to leave the house to plaintiff. She had no other objection. The judge offered to write another will, but she was afraid she would not last long enough to sign it. So the judge said that if she would sign this will, he would leave plaintiff enough in his own will to make up the difference. He confirmed the promise by raising his hand with all solemnity, and his wife then signed. When Judge Beman died, his will made no provision for plaintiff. The house was worth $6,000.

Issues

1. Does equity impress a trust in plaintiff's favor on Beman's property because he promised his wife that he would provide for plaintiff in his own will?
2. Can a niece sue on a promise made to her aunt, for the niece's sole benefit, to leave her a sum of money by will, although she gave no consideration for it?

Holding

No trust arose, because Beman received no property under the will except the use of the house for life. But plaintiff, the niece, can enforce Beman's promise to his wife, made on a valid consideration for her sole benefit, to provide for her in his will, either by an action for damages or by specific performance. The judgment was affirmed.