Gall v. Gall
New York Supreme Court
Appeal from special term, New York county. Action by Charles F. Gall against Amelia Gall and others to secure the •specific performance of an agreement made by Joseph Gall, deceased, to devise certain property to the plaintiff. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtBarrett, J.
It is undoubtedly the settled law of this state that “where a •certain and definite contract is clearly established, even though it involves an agreement to leave property by will, and it has been performed on the part of the promisee, equity, in a case free from all objections on account of the adequacy of the consideration, or other circumstances rendering the claim inequitable, will compel a specific performance.” Shakespeare v. Markham, 10 Hun, 322, affirmed 72 N. Y. 406; Parsell v. Stryker, 41 N. Y. 480. Such a contract, however, especially’ when it is attempted to be established by…
2Cases cited3 opinions
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Mutual Life Insurance v. HollodayNew York Supreme Court · 1883
3Cited by20 opinions
- Anderson v. AndersonSupreme Court of Kansas · 1907
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Barry v. BeamerCalifornia Court of Appeal · 1908
- Holman v. LutzOregon Supreme Court · 1929
- Richardson v. OrthOregon Supreme Court · 1901
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