Alpers

The defendant’s demurrer to the complaint was sustained, and final judgment passed in the superior court in favor of defendant. From this judgment plaintiff has appealed.

As we understand the agreement set forth in the complaint it was agreed by Frederick G. Smyth that Joseph L. Reed should be entitled to conveyance of one-third of all the lands devised to said Smyth “upon the full and complete performance of the stipulations” by Reed and wife, agreed and covenanted to be done and performed, and when and after all claims, costs, and debts against the estate of Peter S. NcNeil should be paid. The complaint alleges that “all claims against, debts owing and payable by, and costs and expenses *551 of every kind and character in any manner incurred in and about, the said estate of Peter S. McNeil, deceased, and in the administration thereof, were fully paid and discharged by the said administrator of said estate, out of the moneys alone belonging to said estate, and in the hands of said administrator, who thereupon filed his final account, ’ ’ etc. Further, that all the stipulations covenanted and agreed to be performed by Joseph L. Reed and Catherine C., his wife, in the agreement…