AGENCY-TERMINATION-POWER COUPLED WITH AN INTEREST

Martin Gough died intestate leaving three brothers and an alleged wife as survivors. Since there was some doubt whether the woman was his widow and entitled to share in the estate as such, the three brothers agreed that one of their number, Luke, should negotiate a settlement for them with the woman. When this was done James refused to sign and revoked the power, whereupon Luke signed for him. A bill for specific performance of the agreement, brought by intestate\u27s alleged wife, Margaret, and two brothers, Luke and Frank, against James, was dismissed by the lower court. On appeal, held, reversed. The instruments were specifically enforceable in equity as the brother\u27s authority to reach a settlement was a power coupled with an interest. MacDonald v. Gough, (Mass. 1950) 93 N.E. (2d) 260