Russell v. Amlot
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Murray Bussell, from an order of the Supreme Court, made at the Franklin Trial Term and entered in the office of the clerk of the county of Franklin on the 25th day of July, 1908, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial of the action.
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Appeal by the plaintiff, Elizabeth Murray Bussell, from an order of the Supreme Court, made at the Franklin Trial Term and entered in the office of the clerk of the county of Franklin on the 25th day of July, 1908, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial of the action. The action was bi'ought to recover $4,000 claimed by plaintiff that she loaned to the defendant’s decedent May 21, 1906. The "deceased was a widower who owned considerable real estate and was in poor health. He lived on a farm on the Canadian border. Plaintiff was his housekeeper.…
1Opinion of the Court
Cochrane, J.:
' Several rulings at the trial are claimed by the respondent to have been erroneous and are relied on by him to sustain the order granting a new trial.
First. The court received in evidence the contents of the so-called “ Canadian Will,” wherein the deceased devised to the plaintiff the farm on which he was living with the personal property thereon. This will seems to have been subsequently superseded by another will, but it was in existence and was not shown to have been revoked by subsequent will or otherwise at the time when plaintiff received the $4,000 from the deceased. It…
2Cases cited4 opinions
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Poucher v. . ScottNew York Court of Appeals · 1885
- Grafing v. HeilmannAppellate Division of the Supreme Court of the State of New York · 1896
- Kilmer v. QuackenbushAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- In re the Estate of BarkerNew York Surrogate's Court · 1936
- In re the Estate of PhillipsNew York Surrogate's Court · 1958
- Gilhooley v. Columbus Railway, Power & Light Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1918