Collins v. Central Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEdgcomb, J.
This is an action in equity, brought to cancel and discharge of record a certain mortgage given by the plaintiff to J. Raymond Kelly, defendants’ testator.
The plaintiff claimed that Mr. Kelly prior to his death returned to her the bond, which was secured by the mortgage in suit, intending *487thereby to cancel and relinquish the debt, but postponing the actual discharge of the mortgage until his demise.
The defendants maintained that the alleged gift, if ever made, was testamentary in character, and consequently void.
Judgment has been rendered in favor of the plaintiff, directing the defendants to…
2Cases cited10 opinions
- People v. . BeckerNew York Court of Appeals · 1915
- Carpenter v. CoeNew York Supreme Court · 1873
- Smith v. RentzNew York Supreme Court · 1893
- Grafton v. BallAppellate Division of the Supreme Court of the State of New York · 1914
- People v. PrimeAppellate Division of the Supreme Court of the State of New York · 1924
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
- Cornwell v. Safeco Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1973
- In re the Estate of SielckenNew York Surrogate's Court · 1937
- Mully v. DraynAppellate Division of the Supreme Court of the State of New York · 1976
- Bailey v. Baker's Air Force Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1975
38 more not listed; retrieve them via the Exa API.