Shaw

is an appeal by plaintiff from a judgment against her entered upon granting the motion of the defendant for a nonsuit. The defendant is the surviving wife of Fred C. King, deceased, and also the administratrix of his estate. The plaintiff presented her alleged claim against the estate to the administratrix; it was rejected. She thereupon brought this action, seeking specific performance of an alleged contract with deceased, or failing in that, for damages against his estate for its breach.

It is unnecessary to go into the facts at great length, for the case presents but one question which is answered by a fundamental rule of contract law, i. e,, that an enforceable contract must be founded upon a consideration known to the law.

In the present case, the plaintiff and deceased were sister and brother. The brother lived in California and the sister in New York. The letters of the brother to his sister, relied upon by her to establish the alleged contract, as well as the undisputed testimony of relatives and intimate friends, prove beyond doubt that there was a deep and tender affection between the brother and sister, and that he looked after her and provided for her necessities and…