Wallace v. . Wallace
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. . The court at Special Term erred in striking out the testimony of the witnesses Flynn, Devlin and Leddy.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. . The court at Special Term erred in striking out the testimony of the witnesses Flynn, Devlin and Leddy. The testimony should not have been stricken out as privileged, because the evidence did not warrant the conclusion that the communications of Mrs.…
1Opinion of the CourtCuddeback, J.
This action was brought to compel specific performance by the defendant Howard GTurdon Wallace, individually and as executor, of a contract made between James P. Wallace and his wife, Juliet W allace, to execute mutual irrevocable wills.
The complaint alleges that shortly prior to the 18th day of May, 1894, James P. Wallace and his wife, Juliet Wallace, entered into a contract whereby it was agreed that the husband should make his will devising and bequeathing to his wife all his property, real and personal, provided she should be living at the time of his death, and if she was not living, to…
2Cases cited12 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Britton v. . LorenzNew York Court of Appeals · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Ambac Assurance Corporation v. Countrywide Home Loans, Inc.New York Court of Appeals · 2016
- In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
- Anderson v. BensonDistrict Court, D. Nebraska · 1953
- Oursler v. ArmstrongNew York Court of Appeals · 1961
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