In Re the Estate of Kelsey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWitmer, J.
This appeal accents the adage that “ hard cases make bad law ’ ’. The record in this case shows beyond doubt that the testator wished to make a gift to the infant respondents. The facts surrounding the pertinent events are undisputed ; but the inferences of fact which may and must be drawn therefrom lead inexorably to the legal conclusion that no gift was made, and require reversal of the decree and judgment entered below.
This is an appeal by the ancillary administrator with the will annexed from the decree and judgment of the Surrogate entered upon the verdict of a jury in the trial of the…
2Cases cited39 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Hutchison v. RossNew York Court of Appeals · 1933
- Ridden v. . ThrallNew York Court of Appeals · 1891
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
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3Cited by14 opinions
- Gruen v. GruenNew York Court of Appeals · 1986
- Clarkson Co. Ltd. v. ShaheenDistrict Court, S.D. New York · 1982
- Midland Insurance Co. v. FriedgoodDistrict Court, S.D. New York · 1984
- In re the Estate of CarrollAppellate Division of the Supreme Court of the State of New York · 1984
- Mortellaro v. MortellaroAppellate Division of the Supreme Court of the State of New York · 1982
9 more not listed; retrieve them via the Exa API.