Davis v. Benedict
New York Supreme Court
Appeal from special term, Monroe county. Action by Albert A. Davis against Joseph Benedict and Henry T. Dunham, individually and as executor of the will of Fanny S. Benedict, deceased. From an order granted on the motion of defendant Dunham, Benedict and others appeal.
1Opinion of the CourtCorlett, J.
In June, 1888, Fanny S. Benedict died leaving,a will, by which she gave her property to legatees. Joseph Benedict was not one of them. He was a relative of the deceased, and as such entitled to a third of the personal property, which the will did not otherwise dispose of. The will was admitted to probate, and the defendant Henry T. Dunham was appointed •executor. The defendant Benedict employed the plaintiff, who was an attorney, to assist him in obtaining some of the property of the deceased. The advice of the plaintiff was to the effect that the bequests were invalid. A contest *179ensued,…
2Cases cited4 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Dorn v. . FoxNew York Court of Appeals · 1874
- Dreyfus v. CaseyNew York Supreme Court · 1889
3Cited by1 opinion
- Pratt v. MyersNew York Supreme Court · 1892