Legal Opinion · Dissent

Givens v. Whitney

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

Decided September 15, 1921Published

Appeal by the defendants, Payne Whitney and others, as executors, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 8th day of December, 1920, upon the decision of the court. Judgment affirmed, with costs, on the authority of Lafrinz v. Whitney (195 App. Div. 131).

1Dissent

Woodward, J. (dissenting):

Oliver H. Payne died leaving a last will and testament in which, after making certain specific legacies to his housekeeper, to his sailing master, and other servants and employees, he provided as follows: “ To each person, not hereinbefore named, who at the time of my death shall be in my service and shall then be customarily employed as part of my household in my house in New York city or in my country . house in Ulster county, New York, the sum of three thousand dollars, if he or she shall have been in my service for two years, with the further sum of two hundred…

2Cases cited3 opinions

  1. Tucker v. AlexandroffSupreme Court of the United States · 1902
  2. Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
  3. Lafrinz v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1921

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API