Sanford v. . Ellithorp
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 15, 1881, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee.
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. Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 15, 1881, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the ifacts material to the questions discussed are stated in the opinion.- The court erred in allowing the widow of the deceased grantor to give evidence in plaintiffs’ favor against defendants’ objection that she was incompetent. (1 Wash, on Real Property, 234-35, § 16, 284-85 ; Robinson v. Bates, 3 Metc. 40 ; Herman on Estoppel, §§…
1Opinion of the CourtDanforth, J.
This action was commenced in March, 1879, by Mrs. Casendania Sanford and Mrs. Livonia Smith, daughters of one D. Ellithorp, claiming that certain conveyances of land by their father to his sons, Thurman and Pascal Ellithorp, had been obtained from him without consideration, and by threats, and false and fraudulent representations, and by undue influence, and lipón their promise that at his death they would hold such lands in trust for his other children then living, as well as for the children of Rosalie, his deceased daughter, and that he, while weak and enfeebled in mind and body, and…
2Cases cited4 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Levin v. . RussellNew York Court of Appeals · 1870
- Ham v. . Van OrdenNew York Court of Appeals · 1881
- Simpson & Isaacs v. DowningNew York Supreme Court · 1840
3Cited by18 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Smith v. . KellerNew York Court of Appeals · 1912
- Hoag v. . WrightNew York Court of Appeals · 1903
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Witthaus v. . SchackNew York Court of Appeals · 1887
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