Palmer v. North
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The plaintiff, being the assignee of certain claims against the estate of Edwin Stafford, deceased, held by Mary Ann Palmer, the wife of the plaintiff, Atlanta D. Rowell, the wife of F. P. Rowell, and Sarah Flack, the wife of Robert Flack, which claims were disputed by the administrator, entered into an agreement in writing with the defendant as administrator of said Edwin Stafford, under the provisions of the…
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APPEAL from a judgment entered upon the report of a referee. The plaintiff, being the assignee of certain claims against the estate of Edwin Stafford, deceased, held by Mary Ann Palmer, the wife of the plaintiff, Atlanta D. Rowell, the wife of F. P. Rowell, and Sarah Flack, the wife of Robert Flack, which claims were disputed by the administrator, entered into an agreement in writing with the defendant as administrator of said Edwin Stafford, under the provisions of the revised statutes, (3 B. S. 5th ed. 175, § 41,) that the matters in controversy be referred, pursuant to said statutes, to A.…
1Opinion of the Court
By the Court, Bockes, J.
Edwin Stafford was made a beneficiary under his father’s will, to a large amount, compared with the amount of property left by the testator. His sisters, Sarah, Mary and Atlanta, were, by the will, each given five dollars. On the decease of the testator, these legatees prepared and threatened to oppose the probate of the will; whereupon Edwin promised and agreed with them, that in case they would sign an admission of service of the citation and not contest the proof of the will, he would pay them each the sum of $200. They signed the citation and fore-bore all…
2Cases cited3 opinions
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Seaman v. SeamanNew York Supreme Court · 1834
3Cited by6 opinions
- Rector, Etc. v. . TeedNew York Court of Appeals · 1890
- Sellars v. JonesCourt of Appeals of Kentucky · 1915
- Home Insurance Co. v. . WatsonNew York Court of Appeals · 1874
- Home Insurance v. WatsonNew York Court of Appeals · 1874
- Erie Railway Co. v. VanderbiltNew York Supreme Court · 1875
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