Kellogg v. White
Appellate Division of the Supreme Court of the State of New York
Appeals from a judgment of the Supreme. Court, entered in the office of the clerk of Warren county April 26, 1918, as amended by an order entered May 3, 1918.
1Dissent
John M. Kellogg, P. J. (dissenting):
I think the preponderating evidence shows that Mr. and Mrs. White agreed to execute, and did execute, mutual reciprocal wills. The trial judge, however, did not feel that this case was to be decided by a preponderance of evidence, but concluded that the contract must be certain and definite and established by the plainest, *912most convincing and undisputed evidence, citing Wallace v. Wallace (216 N. Y. 28) and other cases. (103 Misc. Rep. 167.) That rule applies to establishing a claim against a decedent’s estate, but has no application where a defendant…
2Cases cited2 opinions
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Kellogg v. WhiteNew York Supreme Court · 1918