Gick v. . Stumpf
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1909, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. No declaration of deceased, written or oral, made subsequent to the gift and inconsistent therewith, or in effect denying or avoiding the gift, was admissible in favor of her executor.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1909, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. No declaration of deceased, written or oral, made subsequent to the gift and inconsistent therewith, or in effect denying or avoiding the gift, was admissible in favor of her executor. (Scheps v. Bowery Sav. Bank, 97 App. Div. 434; Cornell v. Cornell, 21 Wkly. Dig. 463; Matter of Brownson, 67 Hun, 237; Christie…
1Opinion of the CourtChase, J.
This action is brought to set aside an instrument dated March 29, 1901, purporting to ratify a gift by the plaintiff’s testatrix to the defendant and for an accounting by the defendant of his transactions with said testatrix. The testatrix died September 21, 1904, leaving a will dated January 9, 1902, and a codicil thereto dated October 2, 1903. They were admitted to probate as her last will August 14, 1905, and the plaintiff was named therein as executor and letters testamentary were issued to him as such.. In the year 1899 the testatrix commenced living in the family of the defendant, her…
2Cases cited7 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Tierney v. . FitzpatrickNew York Court of Appeals · 1909
- Scheps v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
- In Re the Probate of a Paper Propounded as the Last Will & Testament of WoodwardNew York Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smith v. . KellerNew York Court of Appeals · 1912
- Fender v. FoustMontana Supreme Court · 1928
- In Re the Probate of the Will of LimbergNew York Court of Appeals · 1938
- In re the Estate of LevinskyNew York Surrogate's Court · 1932
- Cooke v. HigginsAppellate Division of the Supreme Court of the State of New York · 1912
4 more not listed; retrieve them via the Exa API.