Holbrook, 118 N. Y. 586, 593, 23 N. E. 908, 16 Am. St. Rep. 788, the court said: "While it is true, as insisted by the appellant, that it was not provided by the terms of the contract that it should be performed within one year from its making, neither was it provided that it should not be performed within such period. Nothing whatever was said as to time. Now the statute does not include an agreement which is not likely to be performed, nor yet one which is simply not expected to bo performed within the space of a year. Neither does it include an agreement which, fairly and reasonably interpreted, admits of a valid execution within that time, although it may not be probable that it will be. (Kent v. Kent, 62 N. Y. 560, 20 Am. Rep. 602.)"
42 Springfield Ins. Co. v. De Jarnett, 111 Ala. 248, 19 So. 995 (fire); Mat-tingly v. Springfield Ins. Co., 120 Ky. 768, 83 S. W. 577 (fire); Sanford v. Orient Ins. Co., 174 Mass. 416, 54 N. E. 883 (fire); Wiebeler v. Milwaukee Ins. Co., 30 Minn. 464, 16 N. W. 363 (fire); Trustees v. Brooklyn Fire Ins. Co., 19 N. Y. 305, 28 N. Y. 153 (fire); International Ferry Co. v. American Fidelity Co., 207 N. Y. 360, 101 N.E. 160 (marine liability). But a contract for placing insurance on vessels during two years is within the statute. Johnson v. Harper Transp. Co., 244 Fed. 936, 157 C. C. A. 286. Cf. Strusewald v. Farmers' F. Ins. Co., 179 N. Y. App. D. 318, 166 N. Y. S. 362.
43 Peter v. Compton, Skinner, 363. See also Hughes v. Frum, 41 W. Va. 445, 23 S. E. 604.
44Ridley v. Ridley, 34 Beav. 478 (to leave property by will); McGregor v. McGregor, 21 Q. B. D. 424 (to pay a separate wife a weekly allowance for maintenance. This case expressly overrules Davey v. Shannon, 4 Ex. D. 81, and apparently by implication, Eley v. Positive Government, etc., Co., 1 Exch. D, 20, 88); Hampton v. Caldwell, 95 Ark. 387, 129 S. W. 816; Osgood v. Skinner, 111 111. App. 606 (not to compete); Hill v. Jamieson, 16 lnd. 125, 79 Am. Dec. 414 (not to compete); Bell v. Hewitt's Ex., 24 lnd. 280 (to leave property by will); Harper v. Harper, 57 lnd. 647 (to support for life); Wels v. Rhodius, 87 Ind. 1, 44 Am. Rep. 747 (not to compete); Cox v. Baltimore, etc., R. Co., 180 lnd. 495, 103 N. E. 337, 50 L. R. A. (N. S.) 453 (to serve for employee's life or as long as he proved competent and worthy); Wolverton v. Bruce, 6 lnd. Ter. 135, 89 S. W. 1018 (not to compete with promisee); Atchison, etc., R. Co. v. English, 38 Kans. 110, 16 Pac. 82 (to give railroad pass annually for life); Pierson v. Kingman Milling Co., 91 Kans. 775, 139 Pac. 394, 92 Kans. 468, 140 Pac. 1033 (to serve for employee's life); Howard's Adm. v. Burgen, 4 Dana, 137 (to board for life); Bull 0. MoCrea, 8 B. Mon. 422 (to support for life); Myles v. Myles, 6 Bush, 237 (to leave property by will); Stowers v. Hollis, 83 Ky. 544 (to support for life); Dickey v. Dickinson, 105 Ky. 748, 49 S. W. 761 (not to compete with promisee); Thomas v. Feese, 21 Ky. L. Rep. 206, 51 S. W. 150 (to serve for employer's life in consideration of promise to will property); Mo-Daniel v. Hutcherson,. 136 Ky. 412,124 S. W. 384 (to furnish a house for promisor's life and leave property by will); Waggener v. Howsley, 164 Ky. 113,175 S. W. 4 (to pay S10 a month for life); on the death of a specified person,45 since death may occur within the year. Nor is a promise obnoxious to the statute which is performable at or until the happening of any specified contingency which may or may not occur within a year.46 A
Hutchinson v. Hutchinson, 46 Me. 164 (to pay money during the life of another); Lyon v. King, 11 Mete. (Mass.) 411, 45 Am. Dec. 219 (not to compete with promisee); Worthy v. Jones, 11 Gray, 168, 71 Am. Dec. 606 (not to compete); Lyman v. Lyman, 133 Mass. 414 (to support for life); Wellington v. Apthorp, 145 Mass. 69, 13 N. E. 10 (to leave property by will); Carnig v. Carr, 167 Mass. 544,46 N. E. 117, 35 L.R. A. 512 (permanent employment); Lavoie v. Dube, 229 Mass. 87, 118 N. E. 179 (to support for life); Carr v. McCarty, 70 Mich. 258, 38 N. W. 241 (to support for life); Smalley v. Mitchell, 110 Mich. 650, 68 N. W. 078 (to serve for employer's life); Boggs v. Pacific Laundry Co., 86 Mo. App. 616 (to serve for employee's life); McCor-micko. Drummett, 9 Neb. 384, 2 N. W. 729 (to support for life in consideration of the use of promisee's land for life); Blanding v. Sargent, 33 N. H. 239, 66 Am. Dec 720 (not to compete); Updike v. Ten Broeck, 32 N. J. L. 105 (to serve for employer's life); Eiser-man v. Schneider, 60 N. J. L. 201, 37 Atl. 623 (to support for life); Kent v. Kent, 62 N. Y. 560, 20 Am. Rep. 502 (to serve for employer's life); Dresser v. Dresser, 35 Barb. 573 (to support for life); Thorp v. Stewart, 44 Hun, 232 (to support for life); Richardson v. Pierce, 7 R. I. 330 (not to compete); Zanturjian v. Boornasian, 25 R. I. 151, 154, 55 Atl. 199 (not to compete with promisee); East Line Co. v. Scott, 72 Tex. 70, 10 S. W. 99, 13 Am. St. Rep. 753 (to serve for employee's life); Tipton v. Tipton, 55 Tex. Civ. App. 102, 118 S. W. 642 (to give share of crops for promisee's life); Blanchard v. Weeks, 34 Vt. 580 (not to compete with promisee); Thomas v. Armstrong,
86 Va. 323, 10 S. E. 6, 5 L. R, A. 529 (to serve for life in consideration of promise to leave property by will); Heath v. Heath, 31 Wis. 223 (to support a third person for life); Spencer v. Spencer, 23 Manitoba, 461 (to support a third person for life). But see contra, Vose v. Strong, 45 111. App. 98 (to manage a business during the owner's life); affd. on other grounds in 144 111. 108, 33 N. E. 189; Chenoweth v. Pacific Express Co., 93 Mo. App. 185, 190 (to make monthly payments dur- . ing promisee's life); Deaton v. Tennessee Coal Co., 12 Heisk. 650 (promise performable within a year if a mother and her children all died within the period). It should be observed with reference to such of the above decisions as relate to contracts to leave property by will, that a contract to devise real estate falls within another clause of the statute (see supra, Sec. 488), and in some States any contract to make a will is required by statute to be in writing.