IN RE GREENE
45 F.2d 428 (1930)
NATURE OF THE CASE: Mistress (P) filed a proof of claim against the debtor's estate based on a written agreement, to which the trustee of the estate objected. The referee in bankruptcy held that the agreement between the mistress and the debtor was valid and dismissed the objections. The trustee petitioned for review of the referee's order, which was granted.
FACTS: P filed a claim against a bankrupt's estate for $375,700 and the bankrupt referee held the claim valid and this was appealed. Bankrupt was a married man who engaged in an illicit affair with P. She got substantial sums of money from Bankrupt and he also paid $70,000 for a house on Long Island acquired by her. P testified that Bankrupt had promised to marry her as soon as he should get a divorce. The adultery was discontinued in 1926 but an agreement under seal was signed in which Bankrupt agreed to pay her $1,000 per month, assign her a $100,000 life insurance policy and to pay a $100,000 payment if premiums would lapse and to pay rent on her apartment for the next four years. For this agreement, P released all claims which she had against Bankrupt. The instrument recited $1 as consideration.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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