Adenaw v. Piffard
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Louise O. Adenaw, as executrix, etc., for. a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the ffrst instance, upon the verdict of a jury in favor of the defendants after a trial at the Livingston Trial Term in May, 1909.
1Opinion of the Court
Williams, J.:
The plaintiff’s exceptions should be overruled and the motion for a new trial denied, with costs.
The action was brought in the lifetime of plaintiff’s testatrix to recover possession of personal property.
The defendants were husband and wife, and by separate answers denied that the testatrix was entitled to the possession of the property, and set up an agreement by parol whereby the testatrix agreed among other things that the property sought to be recovered should be put in defendants’ house, and remain there during the lifetime of testatrix, and at her death should become the…
2Cases cited8 opinions
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Nay v. . CurleyNew York Court of Appeals · 1889
- Schell v. . PlumbNew York Court of Appeals · 1874
- Grey v. . GreyNew York Court of Appeals · 1872
- Martin v. . HillenNew York Court of Appeals · 1894
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3Cited by4 opinions
- In re the Estate of McMillanAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of McArdleNew York Surrogate's Court · 1931
- McCargar v. WileyOregon Supreme Court · 1924
- Piffard v. AdenawAppellate Division of the Supreme Court of the State of New York · 1915