Legal Opinion

Updike v. Mace

District Court, S.D. New York

Decided March 6, 1912PublishedCited by 2 opinions

In Equity. Suit by Sarah E. Updike against Arthur J. Mace, individually, and against Arthur J. Mace and James Edward Rice, as executors of the will of Malinda G. Mace, deceased. Decree for defendants.

1Opinion of the Court

HOLT, District Judge.

This is a suit in equity brought by the complainant, a citizen of New Jersey, against the defendants, citizens of New York, to establish an oral trust, in favor'of the complainant, on the residuary estate of Levi H. Mace, which was devised and bequeathed to his wife, Malinda G. Mace.

Levi H. Mace, a resident of Williamsbridge, N. Y., died October 20, 1896, in the seventy-second year of his -age. He left surviving His wife, Malinda G. Mace, and three sons: Edward, Henry, .and Arthur. They had another son, Elwood H. Mace, to whom the complainant, whose maiden name was Sarah…

2Cases cited2 opinions

  1. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  2. Matter of Will of O'HaraNew York Court of Appeals · 1884

3Cited by2 opinions

  1. Mayfield v. Kansas City Life Ins.Court of Appeals for the Seventh Circuit · 1946
  2. Metropolitan Life Ins. v. EnglishDistrict Court, N.D. New York · 1923

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