O'Brien v. . Weiler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 17, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 17, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to permit the widow of the testator to testify to conversations which took place between the deceased husband and their deceased daughter, in which she took part, regarding the ownership of the property which is the subject of this action. (Code of…
1Opinion of the CourtMarnard, J.
The plaintiffs, as executor and executrix of the will of Peter T. O’Brien, deceased, brought this action against the Citizens’ Savings Bank of ¡New York city to recover the sum of $3,076 standing to the credit of their testator as guardian of his daughter, Sarah E. O’Brien, upon the hooks of the bank, and which was originally deposited in 1871. Sarah E. O’Brien married the defendant Peter Weiler, and died intestate, and her husband was appointed the administrator of her estate; and in that capacity claimed the moneys standing to the credit of the father as her guardian upon the books, of the…
2Cases cited2 opinions
- Cary v. . WhiteNew York Court of Appeals · 1874
- In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
3Cited by26 opinions
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Griswold v. . HartNew York Court of Appeals · 1912
- Sackman v. ThomasWashington Supreme Court · 1901
- Harrington v. . SchillerNew York Court of Appeals · 1921
- Hutton v. . SmithNew York Court of Appeals · 1903
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