Rutherfurd v. Carpenter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Herbert Carpenter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York upon the decision of the court rendered after a trial at the Mew York Special Term.
1Opinion of the Court
McLaughlin, J.:
On the 24th of December, 1900, Mine. Sarah de Vaugrigneuse executed a last will and testament by which, among other things, she gave a legacy of $10,000 to her cousin Mrs. Isabella Rutherfurd and one of $20,000 to the defendant, whom she made her executor and also her residuary legatee. Mrs. Rutherfurd died on the 27th of July, 1903, and three days later the testatrix wrote a letter to the defendant — who had charge of her affairs, and knew the contents and was in possession of her will — in which, after calling attention to the death of Mrs. Rutherfurd, she, among other…
2Cases cited1 opinion
- Matter of Will of O'HaraNew York Court of Appeals · 1884
3Cited by4 opinions
- Durkee v. SmithNew York Supreme Court · 1915
- In re the Accounting of FrankenthalerNew York Surrogate's Court · 1955
- Peters v. PetersAppellate Division of the Supreme Court of the State of New York · 1910
- Reynolds v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1915