Williams v. Whittell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John S. Williams, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 5th day of June, 1901, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Jenks, J.:
This is an action to set aside an agreement executed under seal by the plaintiffs and by the several personal defendants on the grounds that there was no consideration therefor, and that it was ■ procured by the fraud of the defendants Williams and Whittell. The plaintiff was the husband of Adeline Williams, deceased, and the defendants are her daughters and a granddaughter, respectively. Mrs. Williams died suddenly on October 29, 1898, intestate. A letter was found upon her person by the plaintiff, dated on that day, subscribed by her, and addressed to her son, the defendant…
2Cases cited12 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Lowery v. . ErskineNew York Court of Appeals · 1889
- D. G. Burton Co. v. CowanNew York Supreme Court · 1894
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3Cited by8 opinions
- Seatree v. CommissionerUnited States Board of Tax Appeals · 1932
- Starr v. SelleckAppellate Division of the Supreme Court of the State of New York · 1911
- In re Irving Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Hull v. HullAppellate Division of the Supreme Court of the State of New York · 1916
- Stromblad v. Hanover Fire InsuranceNew York Supreme Court · 1923
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