Hamlin v. . Stevens
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 15, 1902, affirming a judgment of Special Term construing the will of Lyman Stevens, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 15, 1902, affirming a judgment of Special Term construing the will of Lyman Stevens, deceased. The facts, so far as material, are stated in the opinion. The court erred in holding that there was no contract made by the testator with the defendant’s parents whereby and wherein he agreed to give to the defendant any share of his property at his decease, and that there is no clear and convincing evidence establishing such a contract, and that he did not enter into an…
1Opinion of the CourtVann, J.
This action was brought for the construction of the will of Lyman Stevens, deceased, with reference to certain questions not material on this appeal. The appellant was not made a party in the first instance, but he was permitted to come in as a defendant and to raise two issues: 1. That according to the terms of the will, xvhen considered in the light of surrounding circumstances, he was one of the residuary-legatees ; 2. That he was entitled to one-third of the residuary estate by virtue of a contract alleged to have been made in his interest between his father and the testator when he was…
2Cases cited5 opinions
- Winne v. . WinneNew York Court of Appeals · 1901
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Mahaney v. . CarrNew York Court of Appeals · 1903
- Healy v. . HealyNew York Court of Appeals · 1901
- Brantingham v. . HuffNew York Court of Appeals · 1903
3Cited by103 opinions
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Middleworth v. . OrdwayNew York Court of Appeals · 1908
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