Spallholz v. . Sheldon
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 9, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. • The nature of the action and the facts, so far as material, are stated in the opinion. The evidence establishes constructive fraud on defendant’s part. (23 Cyc. of Law & Pro. 1022; Warren v. Union Bank, 157 N. Y. 259; Pom.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 9, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. • The nature of the action and the facts, so far as material, are stated in the opinion. The evidence establishes constructive fraud on defendant’s part. (23 Cyc. of Law & Pro. 1022; Warren v. Union Bank, 157 N. Y. 259; Pom. Eq. Juris. [3d ed.] § 956; Butler v. Prentiss, 158 N. Y. 49; Smith v. Howlett, 29 App. Div. 182; Rosevear v. Sullivan, 47…
1Opinion of the CourtCardozo, J.
James C. Ferguson, who died in 1891, made his daughter, the plaintiff, the owner of his residuary estate, and appointed the defendant executor of his will. The defendant made yearly accountings in the Surrogate’s Court until 1899. In that year he resigned; the surrogate directed him to transfer the estate to the general guardians of the plaintiff, then an infant, and to administrators with the will annexed; and in March, 1899, upon proof that this transfer had heen made, he was “ discharged of and from all liability and duty on account of said estate.” In 1906 the plaintiff became of of age.…
2Cases cited8 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Gilmore v. . HamNew York Court of Appeals · 1894
- Clarke v. Boorman's ExecutorsSupreme Court of the United States · 1874
- Carr v. . ThompsonNew York Court of Appeals · 1881
- Glover v. National Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1913
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- Pitcher v. SuttonAppellate Division of the Supreme Court of the State of New York · 1933
- State Ex Rel. Lien v. HouseOhio Supreme Court · 1944
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