O'Brien v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Robert O’Brien and Ann O’Brien, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 29th day of June, 1917, upon the decision of the court after a trial at the Westchester Special Term.
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Appeal by the defendants, Robert O’Brien and Ann O’Brien, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 29th day of June, 1917, upon the decision of the court after a trial at the Westchester Special Term. The judgment decreed that a certain conveyance of a house and lot at No. 71 Jefferson street in the city of Yonkers be set aside and canceled of record, and enjoined the defendants from interfering with the plaintiff’s possession of said property.
1Opinion of the Court
Putnam, J.:
The complaint alleges that “ on or about * * * August 1, 1910, the plaintiff was sick, and instead of making a last will and testament, signed, and on October 7, 1910, he acknowledged a deed, conveying above premises for a consideration of five thousand dollars ($5,000) the value of said premises to his son Robert O’Brien, the above-named defendant. That said deed was recorded in Westchester County Register’s office in Liber 1929 of Deeds, page 203, on October 8, 1910.” This allegation, that plaintiff being then sick conveyed this house to his son in lieu of a will, is contradicted…
2Cases cited3 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Wallace v. . BerdellNew York Court of Appeals · 1884
3Cited by3 opinions
- Diamond v. WassermanAppellate Division of the Supreme Court of the State of New York · 1959
- Weinhart v. WeinhartNew York Supreme Court · 1948
- Schell v. SchellAppellate Division of the Supreme Court of the State of New York · 1920