Legal Opinion
Sklaire v. Eldridge
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1961PublishedCited by 5 opinions
1Opinion of the CourtHerlihy, J.
Appeal by the executor from a decree allowing a claim in the estate for medical services alleged to have been rendered the decedent.
It is contended that allowing the claimant to testify to a personal transaction with the decedent was in violation of section 347 of the Civil Practice Act. That section, with certain exceptions not pertinent here, bars an interested party from testifying as to transactions with the decedent.
John B. Turner died leaving a last will which designated Charles W. Eldridge as executor and which will was admitted to probate on June 8, 1959. Shortly thereafter the…
2Cases cited2 opinions
- In Re the Accounting of Van VolkenburghNew York Court of Appeals · 1930
- Corning v. . WalkerNew York Court of Appeals · 1885
3Cited by5 opinions
- Sepulveda v. AvilesAppellate Division of the Supreme Court of the State of New York · 2003
- Clark v. MeyerDistrict Court, S.D. New York · 2002
- Lindner v. EichelNew York Supreme Court · 1962
- In re the Estate of DetweilerNew York Surrogate's Court · 1983
- In re the Estate of WoodAppellate Division of the Supreme Court of the State of New York · 1979