Sloane v. . Stevens
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York made February 7, 1887, which affirmed an interlocutory judgment overruling a demurrer to the complaint herein. This action was brought by plaintiff as assignee of the executors of Charles O’Conor, deceased, to recover for professional services rendered by him as counsel for defendant in what was known and described as the “ Tennessee Bond Cases.”
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Appeal from order of the General Term of the Superior Court of the city of Hew York made February 7, 1887, which affirmed an interlocutory judgment overruling a demurrer to the complaint herein. This action was brought by plaintiff as assignee of the executors of Charles O’Conor, deceased, to recover for professional services rendered by him as counsel for defendant in what was known and described as the “ Tennessee Bond Cases.” The complaint set forth the will of O’Conor and a codicil thereto, alleged the rendition of the services and non-payment therefor. The demurrer was based upon the…
1Opinion of the CourtFinch, J.
One would hardly have expected that the will of so eminent and able a lawyer as the late Charles O’Conor would come before us for construction, and present a question quite debatable and involving some difficulty. He made his will, about which as it stood at the date of its execution there was no ambiguity, and which had the clearness and precision we were certain to anticipate. But fifteen months later, and about two weeks before his death, he made and executed a codicil which creates a serious difficulty, and, if drawn by him or at his verbal dictation, may have some explanation in his…
2Cases cited3 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- In the Matter of the Petition of DeeringNew York Court of Appeals · 1881
- Pierpont v. . PatrickNew York Court of Appeals · 1873
3Cited by8 opinions
- Estate of HiteCalifornia Supreme Court · 1909
- State Ex Rel. Bumgarner v. SimsWest Virginia Supreme Court · 1953
- People v. . CahillNew York Court of Appeals · 1908
- Guthrie v. Guthrie'sCourt of Appeals of Kentucky · 1916
- Veditz v. AtheyCourt of Appeals of Maryland · 1965
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