Pflugar v. Pultz

• Decision Date: 14 November 1887
• Citation: 11 A. 123,43 N.J.E. 440
• Parties: PFLUGAR v. PULTZ and others.
• Court: New Jersey Court of Chancery

11 A. 123

43 N.J.E. 440

PFLUGAR

v. PULTZ and others.

Court of Chancery of New Jersey.

November 14, 1887.

Bill for permanent injunction.

C. A. Baacke and J. J. Crandall, for complainant. A. Stephany, for defendants.

BIRD, V. C. This bill is filed to enjoin the defendant Pultz from conveying property which he had agreed with the complainant to devise to her by his last will and testament in case, as is alleged, she should enter into his service, and take care of him and nurse him during the remainder of his life. It is admitted that in June, 1883, Mr. Pultz agreed with Mrs. Pflugar, the complainant, that if she would go into his service, and do his housework, and nurse and take care of him in his sickness, during the remainder of his life, he would make and execute a last will and testament, and would therein and thereby devise to her the house and lot in which he then lived; and it was also agreed that she accepted the offer, and entered into his service, and undertook the performance of the duties required by the agreement, and continued to do so in a satisfactory manner to Mr. Pultz until about the month of May, 1885; and it is also admitted that, at the last-named period, some difficulties arose between them, which were settled by Mr. Pultz taking his last will and testament, which he had previously executed, to a mutual friend, who explained its provisions to Mrs. Pflugar, and satisfied her that it was according to the promises of Mr. Pultz, as had been expressed in their agreement, and also that she was secure in her rights, under the said will, as it was drawn; and it is also admitted that thereafter she continued in the same service, without any great amount of dissatisfaction on the part of Mr. Pultz, until the month of June, 1886, when difficulties arose between them, and when he left the house in which they were living, and the one which they contemplated should be devised to Mrs. Pflugar, and went to board with a Mr. and Mrs. M.; and that afterwards, on the twenty-sixth of July, he made and delivered a deed of conveyance of the said house and lot to the said Mrs. M., taking from her a bond conditioned that she should provide for him during his natural life; and from that time he continued to board with the said Mrs. M., but slept in the house so conveyed to her, which house was all the while occupied by Mrs. Pflugar, the complainant.

The defense is that Mrs. Pflugar is not entitled to any relief, because she violated the contract under which she claims, and also because she gave notice to Mr. Pultz that she intended to leave his service; which notice, it is alleged, he acted upon, and made provisions accordingly for his own wants and comfort. The allegation respecting such notice rests upon...