Irving v. Bruen
Appellate Division of the Supreme Court of the State of New York
Appeal by the" defendant, Eliza Bnien, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Washington on the ,4th day of. May, 1905, upon the decision óf the court rendered after a’-trial before the court Without a jury at'the Washington Trial Term. Upon the 6th day of August, 1901, Daniel Guerin deeded to the defendant,- one of his daughters, all of his real estate.
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Appeal by the" defendant, Eliza Bnien, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Washington on the ,4th day of. May, 1905, upon the decision óf the court rendered after a’-trial before the court Without a jury at'the Washington Trial Term. Upon the 6th day of August, 1901, Daniel Guerin deeded to the defendant,- one of his daughters, all of his real estate. On the Tfcln day of November, 1902, he made á will in which he gave to her all of his property, both real and personal. This action is brought to set aside both the…
1Opinion of the Court
Smith, J.:
However well supported may be the .finding that these papers were executed by Daniel Guerin while incompetent to execute them the finding that they were procured by undue influence cannot be held to be against the weight of evidence. The fact that this defendant, Eliza Bruen, procured from Daniel Guerin a conveyance of all his property in a manner substantially similar to that which was attempted theretofore by John Guerin, which attempt was thwarted by her and then strongly condemned, throws light upon the transaction from which her actions must in a measure be judged. She was on…
2Cases cited4 opinions
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Brady v. . McCoskerNew York Court of Appeals · 1848
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Schick v. WolfAppellate Division of the Supreme Court of the State of New York · 1924
- Velsor v. FreemanNew York Supreme Court · 1922
- Quinlan v. Empire Trust Co.District Court, S.D. New York · 1956
- Kilcoin v. CountrymanAppellate Division of the Supreme Court of the State of New York · 1957