Legal Opinion

Martello v. Cagliostro

New York Supreme Court

Decided January 15, 1924PublishedCited by 7 opinions

1Opinion of the CourtCropsey, J.

Plaintiff seeks to have her dower admeasured in property which her husband owned and which he conveyed in September, 1911, he having recently died. Her claim is twofold: That she did not join in the deed, and that if she did she was then incapable of making a contract because she was insane.

The first contention can be readily decided. The fact that plaintiff did join with her husband in the deed is established, not only by the acknowledgment appearing thereon but also by other evidence. Concededly, she was present at the time the deed was signed, and the testimony of her son that she did not…

2Cases cited36 opinions

  1. Goodwin v. StateIndiana Supreme Court · 1883
  2. Sporza v. . German Savings BankNew York Court of Appeals · 1908
  3. Hempton v. StateWisconsin Supreme Court · 1901
  4. Van Deusen v. . SweetNew York Court of Appeals · 1873
  5. Hughes v. . JonesNew York Court of Appeals · 1889

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3Cited by7 opinions

  1. Young v. StateNew York Court of Claims · 1978
  2. Weinberg v. WeinbergAppellate Division of the Supreme Court of the State of New York · 1938
  3. Dale v. HahnDistrict Court, S.D. New York · 1970
  4. Fritsch v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
  5. Fiero v. Franklin Savings BankCity of New York Municipal Court · 1924

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