Samuels v. Simpson
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement oí facts pursuant to section 1219 of the Code of Civil Procedure .
1Opinion of the Court
Miller, J.:
The plaintiff was retained by, the defendant to prosecute two actions, one for the specific performance of an oral agreement, alleged to have been made with her husband, by which they agreed to make mutual, irrevocable wills in each other’s favor ; the other, for the construction of the last will and testament of her husband. The plaintiff was first consulted with reference to the commencement of the first action, but after examining said will, he advised the bringing of the latter action also “so as to avoid the residuary .bequest.” With reference to his fees, , he first proposed…
2Cited by5 opinions
- McAvoy v. SchrammeAppellate Division of the Supreme Court of the State of New York · 1933
- Falloon v. MilesNebraska Supreme Court · 1918
- In re the Construction of the Will of SmithNew York Surrogate's Court · 1958
- People v. Chamberlain, New York County Courts1915
- Seligson, Morris & Neuburger v. Fairbanks Whitney Corp.Appellate Division of the Supreme Court of the State of New York · 1965