Legal Opinion

Irwin v. Simmons

Court of Appeals for the Second Circuit

Decided January 28, 1944No. 233PublishedCited by 12 opinions

1Opinion of the Court

FRANK, Circuit Judge.

The decedent Emilie Simmons, had two. children, plaintiff, the daughter and administratrix of her estate, and the defendant Clarence Simmons. No persons other than plaintiff and defendant have any interest in the estate. Decedent, shortly before her death transferred to Clarence all her interest in the corporate defendant, Rutland Road Realty Corporation. Plaintiff brought this suit to set aside that transfer on the ground that it had been procured by undue influence and on the basis of misinformation given by Clarence to his-mother as to the value of the interest…

2Cases cited30 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. United States v. FornessCourt of Appeals for the Second Circuit · 1942
  3. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  4. Perkins v. Endicott Johnson CorporationCourt of Appeals for the Second Circuit · 1942
  5. MacKall v. MacKallSupreme Court of the United States · 1890

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3Cited by12 opinions

  1. York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
  2. 10 Fair empl.prac.cas. 435, 9 Empl. Prac. Dec. P 10,035 Communications Workers of America, Afl-Cio, Esther Skipper, Individually and on Behalf of All Similarly Situated Non-Supervisory Female Employees of American Telephone and Telegraph Company, Long Lines Department v. American Telephone and Telegraph Company, Long Lines DepartmentCourt of Appeals for the Second Circuit · 1975
  3. American Visuals Corporation v. Frederick A. Holland and Sam SchwartzCourt of Appeals for the Second Circuit · 1956
  4. Sedigh v. Delta Airlines, Inc.District Court, E.D. New York · 1994
  5. R. H. Johnson & Co. v. Securities & Exchange CommissionCourt of Appeals for the Second Circuit · 1952

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