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The Supreme Court of New York reversed that judgment and granted a new trial, finding that what occurred between the parties was not intended as a legal and binding contract. The court reasoned that the testator merely promised to "give" his nephew the money in return for abstaining from bad habits, and that the record did not show that the nephew provided sufficient consideration to allow the claimant to enforce that promise.

The court also held that the correspondence between the testator and the nephew showed that the testator did not consider the promise to have created a legal liability, and that the failure to deliver that gift invalidated it. The court also found that no trust existed because none was ever declared.

The Court of Appeals of New York is the state's highest court. Sidway, New York Court of Appeals, William E. Story Sr. Uncle promised to give his Nephew, William E. Once Story turned twenty-one, he wrote his uncle stating that he had refrained from drinking and gambling.

The money remained in the bank. Willie — perhaps reluctantly — agreed. The letter also recounted how Uncle William was not doing well physically, but he lived another 12 years, dying Jan. Or, because Uncle William died, from the executor of his estate. Her position was that she was simply enforcing the contract made between Uncle William and his nephew.

But the executor, a Franklin Sidway, refused to pay Louisa. In order for a contract to be enforceable, he argued, young Willie had to promise something tangible to his uncle — which, according to Sidway, meant something more than Willie not playing cards, drinking, gambling, etc. Sidway won in the trial court, which ruled there had been no contract between the two Storys now both out of the picture.

In an opinion by Judge Alton B.



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