Legal Opinion

Rubin v. Irving Trust Co.

New York Court of Appeals

Decided May 28, 1953PublishedCited by 93 opinions

1Opinion of the CourtConway, J.

There is presented for our decision the question whether an oral contract not to alter a will made in Florida, where it is alleged the contract was a valid one, is enforcible in this State despite the fact that if made here it would be violative of section 31 of the Personal Property Law.

*296The complaint alleges in substance that testator executed a will in October, 1938, bequeathing’ to plaintiff, his brother, shares of stock in a New Jersey “ family ” corporation; that in April, 194.0, plaintiff and testator entered into an oral contract in Florida whereby testator promised not to change his…

2Cases cited34 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  3. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  4. Griffin v. McCoachSupreme Court of the United States · 1941
  5. Curry v. MacKenzieNew York Court of Appeals · 1925

29 more not listed; retrieve them via the Exa API.

3Cited by93 opinions

  1. Auten v. AutenNew York Court of Appeals · 1954
  2. Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
  3. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  4. A. S. Rampell, Inc. v. Hyster Co.New York Court of Appeals · 1957
  5. Ehrlich-Bober & Co. v. University of HoustonNew York Court of Appeals · 1980

88 more not listed; retrieve them via the Exa API.

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