Durland v. . Durland
New York Court of Appeals
Appeal from a judgment and order of the General Term of the Supreme Court in the second judicial department, entered January 4, 1895, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment and order of the General Term of the Supreme Court in the second judicial department, entered January 4, 1895, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The instrument on which the claim was based never had any legally enforceable quality. . It was a promise to pay without consideration for the promise. (Anthony v. Harrison, 14 Hun, 198; 74 N. Y. 613; In re James, 146 N. Y. 78; Whitaker v. Whitaker, 52 N. Y. 368;…
1Opinion of the CourtMartin, J.
This was a proceeding under the statute to determine the validity of a claim against the estate of a deceased person. Thomas E. Durland died in March, 1891, leaving a last will and testament and several codicils, which, among other 'things, appointed the defendant as sole executor thereof.
The plaintiff, who is the widow of the testator, presented to the executor a claim against the estate for $3,500.00 and interest, from June 9th, 1888. It was based upon a promissory note which was as follows :
“ January 1st, 1884. On demand, I promise to pay to Mary Ann Durland the sum of four thousand…
2Cases cited1 opinion
- Foster v. . BookwalterNew York Court of Appeals · 1897
3Cited by14 opinions
- Blanshan v. RussellAppellate Division of the Supreme Court of the State of New York · 1898
- Lund v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- Atlantic Trust Co. v. Crystal Water Co. of EdgewaterAppellate Division of the Supreme Court of the State of New York · 1902
- Bringman v. Von GlahnAppellate Division of the Supreme Court of the State of New York · 1902
- Kessler v. ValerioSupreme Court of Connecticut · 1925
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