Legal Opinion
In re the Final Judicial Settlement of Steele
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1941PublishedCited by 4 opinions
1Opinion of the Court
Decrees so far as appealed from modified on the law and facts, without costs, and matter remitted to the Surrogate’s Court to proceed in accordance with the memorandum. Memorandum: We regard the use of the words “ my indebtedness to you ” as an intention on the part of the testator to recognize an existing debt, and we find in the record nothing inconsistent with an intention on the part of the testator to pay it. It meets the requirements of section 59 of the Civil Practice Act, and, therefore, the claim should be allowed. (Manchester v. Braedner, 107 N. Y. 346; Connecticut Trust & S. D. Co.…
2Cases cited2 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Lincoln-Alliance Bank & Trust Co. v. FisherAppellate Division of the Supreme Court of the State of New York · 1936
3Cited by4 opinions
- Marine Midland Bank, N. A. v. CusterAppellate Division of the Supreme Court of the State of New York · 1983
- United States v. Curtiss Aeroplane Co.District Court, S.D. New York · 1943
- Flynn v. FlynnAppellate Division of the Supreme Court of the State of New York · 1991
- In re the Accounting of SearlesAppellate Division of the Supreme Court of the State of New York · 1946