Hanly v. Hanly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jessie E. Hanly, an infant, by Charles E. Watkins, her guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schuyler on the 1st day of November, 1904, upon the decision of the court, rendered after a trial at the Schuyler Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
The following is the opinion of Lyon, J., handed down at Special Term :
Lyon, J.:
The law applicable to a case of this nature must be deemed settled.
Proof of a parol agreement that the decedent promised to leave all his property to the plaintiff, must furnish all the essentials of a contract; must show that the agreement is fair and equitable, and the terms thereof definite and certain, and the agreement must be clearly established by the testimony of disinterested witnesses. (Pattat v. Pattat, 93 App. Div. 102; Hamlin v. Stevens, 177 N. Y. 39 ; Gall v. Gall, 64 Hun, 600; affd., 138 N. Y. 675.)
J…
2Cases cited3 opinions
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Winne v. . WinneNew York Court of Appeals · 1901
- Pattat v. PattatAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Sanger v. HuguenelMontana Supreme Court · 1922
- Cox v. WilliamsonMontana Supreme Court · 1951
- Kinney v. KinneyMichigan Supreme Court · 1922
- Cox v. WilliamsonMontana Supreme Court · 1951
- Townsend v. PerryNew York Supreme Court · 1910