Legal Opinion
Wolcott v. Hutchins
District Court, S.D. New York
Decided February 13, 1968No. 65 Civ. 3101PublishedCited by 3 opinions
1Opinion of the Court
MANSFIELD, District Judge.
In his own behalf and as Executor of the Estate of Albertha Wolcott (Albertha), David Wolcott (David) brings this diversity action demanding that Waldo Hutchins, Jr. (Hutchins) be made a constructive trustee for plaintiff’s benefit of assets of the Estate of Augustus W. Hutchins (Testator) that defendant Hutchins now possesses or may in the future possess. David asserts that Hutchins procured the making and the execution of Testator’s will by fraud and undue influence, and thereby deprived David and Albertha of benefits that they would have inherited under an earlier…
2Cases cited21 opinions
- Angel v. BullingtonSupreme Court of the United States · 1947
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Williamson v. Columbia Gas & Electric Corp.Court of Appeals for the Third Circuit · 1950
- Latham v. Father DivineNew York Court of Appeals · 1949
- Scheuer v. ScheuerNew York Court of Appeals · 1955
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3Cited by3 opinions
- Exhibitors Poster Exchange, Inc. v. National Screen Service CorporationCourt of Appeals for the Fifth Circuit · 1970
- David Wolcott, Individually and as of the Estate of Albertha Wolcott, Deceased v. Waldo Hutchins, Jr.Court of Appeals for the Second Circuit · 1969
- Wolcott v. HutchinsCourt of Appeals for the Second Circuit · 1969