Parker v. Parsons
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Jefferson county. Action by Franklin M. Parker, as administrator, etc., against Archelaus H. Parsons. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Affirmed. The plaintiff’s intestate, Erastus Parsons, died in May, 1899, aged about 90 years, leaving a daughter, Mrs. Phoebe Tuell, and a son, the defendant, Archelaus H. Parsons.
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Appeal from trial term, Jefferson county. Action by Franklin M. Parker, as administrator, etc., against Archelaus H. Parsons. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Affirmed. The plaintiff’s intestate, Erastus Parsons, died in May, 1899, aged about 90 years, leaving a daughter, Mrs. Phoebe Tuell, and a son, the defendant, Archelaus H. Parsons. Nine years prior to his death the decedent had entered into a written contract with one George W. Kellogg for the sale of a farm consisting of about 296 acres, situate in the town of Rodman, Jefferson…
1Opinion of the CourtAdams, P. J.
There is a class of cases, of which the one now under consideration is a fair type, in which it is often difficult to determine what is and what is not such a personal transaction or'com*690munication with a deceased person as is within the contemplation of the provisions of section 829 of the Code of Civil Procedure. In the present instance it cannot, of course, be claimed that the placing of the deed in his father’s box by the defendant was literally a transaction or a communication between the father and son, but whether it was within the inhibitory spirit of the section is quite another…
2Cases cited6 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Lerche v. . BrasherNew York Court of Appeals · 1887
- Richardson v. . EmmettNew York Court of Appeals · 1902
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
- Van Vechten v. Van VechtenNew York Supreme Court · 1892
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