Andrews v. Nichols
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Allen. Andrews, as executor, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 12th day of May, 1906, upon the report of a referee.
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Appeal by the plaintiff, J. Allen. Andrews, as executor, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 12th day of May, 1906, upon the report of a referee. This action is brought by the plaintiff as executor of the will of Joseph A. Andrews, deceased, to recover the possession of. a bond and mortgage made and delivered by James Stowe to the plain tiff’s testator in . his lifetime, upon, which there remained unpaid $3,900, with interest thereon from June 1, 1905.. The referee, as conclusions of law, found…
1Opinion of the Court
Nash, J.:
The findings of fact and conclusions of law of the referee are challenged by the plaintiff upon the ground that the gift of the mortgage unaccompanied by á written transfer is sought to be established by the uncorroborated testimony of Mrs. Nichols, the wife of the donee, and that there is. absent from the case that clear, *648strong, satisfactory and convincing evidence which.the law requires to sustain a gift inter vivas.
Mrs. Nichols testified that at some time in the fall of 1905, prior to the, death of decedent, at ah occasion when she was at his home,.he spoke of the Stowe bond…
2Cases cited7 opinions
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Bouton v. . WelchNew York Court of Appeals · 1902
- In re Wiegel's EstateNew York Supreme Court · 1894
- In re Account of ManhardtAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by5 opinions
- Currie v. LangstonMontana Supreme Court · 1932
- In re the Judicial Settlement of Account of Proceedings of VanDerzeeNew York Surrogate's Court · 1910
- Burt v. HarrisNew York Supreme Court · 1913
- In re Van DerzeeNew York Surrogate's Court · 1910
- In re the Estate of JossAppellate Division of the Supreme Court of the State of New York · 1933