UNITED STATES SUPREME COURT DECISIONS ON-LINE

In order to justify a court in refusing to enforce a settlement of a quarrel between the members of a large family growing out of disputes about the wills of their father and other members of the family, and out of money transactions between brothers and sisters, upon the ground that the settlement was obtained by misrepresentation, active or covert or that it failed to express the real intent of the parties, the testimony should establish the fact clearly and satisfactorily, and in this case it is not so established.

This was a bill in equity filed September 1, 1888, by the appellant, Chandler, as executor and trustee under the last will and testament of George P. Pomeroy, deceased, against Josephine Pomeroy, Julia Pomeroy Morrison, her husband, William F. Morrison, and Alfred Mills, surviving executor of the last will and testament of George Pomeroy, father of the said George P. Pomeroy, to enforce a certain agreement of settlement between George P. Pomeroy and his sisters, devisees of the estate of George Pomeroy. The bill was subsequently dismissed as to the defendant William F. Morrison, and about clubjuris

Page 143 U. S. 319

the same time Eugene C. Pomeroy, son and heir at law of George P. Pomeroy, appeared by his guardian and asked to be made party complainant if the court should deem it necessary of desirable, but no order appears to have been entered making him a party.