Schaadt

This is an action in equity to specifically enforce an agreement to make a will, whereby the plaintiffs, Bertha Schaadt and Hermina Curieux, should receive from the proceeds of a policy of insurance upon the life of January Pfaff each the sum of $1,000 upon his death. The defendant, the Mutual Life Insurance Company of New York, defaulted, and upon the order of the court paid the amount of the policy as follows: $2,590 to defendant Charles Jansen, guardian of Annie E. and Frankie Pfaff, minors, and the balance of $2,000 to the clerk of the court to abide the determination of the action. The plaintiffs Bertha Schaadt and Hermina Curieux recovered judgment against Charles Jansen as guardian of the estates of said minors for $2,000, payable only out of the money So deposited with the clerk of the court. The defendant Jansen, as such guardian, moved for a new trial, his motion was denied, and he thereupon appealed from the judgment and the order denying his motion for a new trial. The action was tried upon an amended complaint and the answer of appellants.

The plaintiffs, Bertha Schaadt and Hermina Curieux, are daughters of the plaintiff Ernestine Pfaff. January Pfaff and Ernestine…