Smith v. Furst
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emily Irving Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 18th day of April, 1918, upon a decision of the court after a trial at the Kings County Special Term.
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Appeal by the plaintiff, Emily Irving Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 18th day of April, 1918, upon a decision of the court after a trial at the Kings County Special Term. The decision dismissed the complaint, without costs, upon the ground that it did not state facts sufficient to constitute a cause of action, “ without prejudice to the right of the plaintiff to commence another action for any relief she may be entitled to other than the relief demanded in the complaint herein.” The…
1Opinion of the Court
Kelly, J.:
This court has recently considered the question of the-power and duty of a court of equity with regard to contracts providing for the disposition of property at the death of one of the contracting parties, and has stated the rule that such contracts, if established by clear and convincing testimony and supported by adequate considerations, should be sustained, and performance compelled by the heirs of the decedent.. (Matter of Hermann, 178 App. Div. 182; affd., without opinion, 222 N. Y. 564; Hermann v. Ludwig, 186 App. Div. 287.) The equitable principle sustained in these cases has…
2Cases cited6 opinions
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
- In re Proving the Last Will & Testament of HermannAppellate Division of the Supreme Court of the State of New York · 1917
- In Re Proving the Will of HermannNew York Court of Appeals · 1917
- Phalen v. . United States Trust Co.New York Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re KarlinskiNew York Surrogate's Court · 1942
- Peyton v. William C. Peyton Corp.Court of Chancery of Delaware · 1937
- Shubert v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1967
- In re the Estate of MildrumNew York Surrogate's Court · 1919
- Smith v. FurstAppellate Division of the Supreme Court of the State of New York · 1919
1 more not listed; retrieve them via the Exa API.