Middleworth v. . Ordway
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This action was brought against the widow, heirs and administratrix of James M. Ordway, deceased, to compel the specific performance of a contract, alleged to have been made between the father of the plaintiff and the said decedent for her benefit.- The trial court found the following facts in substance: On the 25th of November, 1879, the plaintiff was…
1Opinion of the CourtVann, J.
The judgment now before us for review enforces a contract relating to the right of inheritance so as to take away from the natural heirs of a dead man a large portion of his property and confer it upon a stranger to his blood. The contract, however, in this case differs from those made with a similar purpose which we have recently condemned so severely, in that it was in writing and the writing was proved beyond question and without dispute. Yo claim of fabrication or fraud is made by any one. There is no law, except that which protects the right of dower, to prevent a man from making a…
2Cases cited7 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Mahaney v. . CarrNew York Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- In Re the Accounting of OrdwayNew York Court of Appeals · 1909
- Matter of Baby Boy C.New York Court of Appeals · 1994
- Wener v. WenerAppellate Division of the Supreme Court of the State of New York · 1970
- McConnell v. McConnellIllinois Supreme Court · 1931
36 more not listed; retrieve them via the Exa API.