Hobart v. . Hobart
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. The nature of the action and the facts, so far as material, appear in the opinion. . The evidence of Mrs. Decker of communications and transactions between herself and her father, offered for the purpose of impeaching the deed, was properly excluded.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. The nature of the action and the facts, so far as material, appear in the opinion. . The evidence of Mrs. Decker of communications and transactions between herself and her father, offered for the purpose of impeaching the deed, was properly excluded. (Ogden v. Raymond, 5 Bosw., 16; 1 Keyes, 42.)
1Opinion of the Court
Church, Ch. J.
This action was brought to set aside certain deeds executed by William. L. Hobart, the father of both plaintiff and defendants, to the several defendants, in 1864, a few months prior to his death, upon the ground that the grantor was incompetent at the time to convey property, and also upon the ground of fraud and undue influence. The judge before whom the action was tried found that the grantor was of sound and disposing mind and memory, and that neither of the conveyances was obtained by fraud, or undue or improper influence. After a careful examination of the voluminous…
2Cited by59 opinions
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Church v. . HowardNew York Court of Appeals · 1880
- Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
- Sackman v. ThomasWashington Supreme Court · 1901
- Wallace v. . StrausNew York Court of Appeals · 1889
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