Cole v. . Sweet
New York Court of Appeals
Appeal from a judgment of tbe Appellate Division of tbe Supreme Court in tbe third judicial department, entered March 21, 1906, affirming a judgment in favor'of defendant entered upon a dismissal of tbe complaint by the court on trial at Special Term. This action was brought by the executor of Elizabeth Thomas, deceased, to compel the defendant to account for certain moneys and property alleged to have been obtained by her from the testatrix by undue influence and fraud.
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Appeal from a judgment of tbe Appellate Division of tbe Supreme Court in tbe third judicial department, entered March 21, 1906, affirming a judgment in favor'of defendant entered upon a dismissal of tbe complaint by the court on trial at Special Term. This action was brought by the executor of Elizabeth Thomas, deceased, to compel the defendant to account for certain moneys and property alleged to have been obtained by her from the testatrix by undue influence and fraud. The answer was in substance a general denial. Before this action was commenced the plaintiff, as executor, attempted to…
1Opinion of the CourtVann, J.
When the legislature decided to change the common-law rule of evidence which prohibited parties from testifying upon the trial of an action, it was deemed necessary to surround the change with certain limitations in order to protect the estates of deceased persons and those claiming under them. Accordingly, after providing that parties and persons interested in the event of an action should be competent witnesses, it was further provided that they should not be examined in their own behalf as against the personal representative of a deceased person concerning a personal transaction or…
2Cases cited5 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- In re the Estate of BennettMichigan Supreme Court · 1884
- Lilley v. Mutual Benefit Life InsuranceMichigan Supreme Court · 1892
- Potts v. . MayerNew York Court of Appeals · 1881
- Martien v. BarrSupreme Court of Missouri · 1838
3Cited by27 opinions
- In re the Estate of WoodNew York Court of Appeals · 1981
- Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
- Clifford v. Denver & Rio Grande RailroadNew York Court of Appeals · 1907
- Edwards v. DurhamSupreme Court of Missouri · 1961
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