Legal Opinion

Minehan v. Hill

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1911PublishedCited by 22 opinions

Appeal by the plaintiff, Bertie Minehan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Saratoga on the 15th day of July, 1910, upon the decision'of the court, rendered after atrial at the Saratoga Trial Term before the court without a jury, dismissing the complaint upon the merits.

1Opinion of the Court

Houghton, J.:

Eliza Bagley and James, her husband, in 1902, executed mutual wills, each making the other sole devisee and legatee. James died in March, 1905, and Eliza became the owner of a. farm and some personal property. The plaintiff was her cousin, and after the death of her husband, Eliza proposed . to make her home with the plaintiff.

The plaintiff claims that in consideration of providing ahorne and caring for her Eliza agreed to make a will giving her all of her property at her death. Eliza spent a portion of her time at plaintiff’s house and certain things were done for her comfort…

2Cases cited6 opinions

  1. White v. . HoytNew York Court of Appeals · 1878
  2. Hoge v. HogeSupreme Court of Pennsylvania · 1832
  3. Smith v. SmithSupreme Court of Georgia · 1867
  4. Sears v. Grand Lodge of Ancient Order of United WorkmenNew York Court of Appeals · 1900
  5. Briggs v. TillotsonNew York Supreme Court · 1811

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In re the Accounting of BishopNew York Surrogate's Court · 1943
  2. Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
  3. In re the Construction of the Will of JonesNew York Surrogate's Court · 1958
  4. In re the Estate of CroweNew York Surrogate's Court · 1931
  5. In re the Estate of SidmanNew York Surrogate's Court · 1935

17 more not listed; retrieve them via the Exa API.

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