Gail v. Gail
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, AdeTbert D; Gail, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of' Erie on the 6tli day of February, 1908, upon the decisión of the court, rendered after a trial at the Erie Special Term, reversing a judgment of the Municipal Court of the city of Buffalo in favor of the defendant, rendered on the 7th day of December, 1907, and granting a new trial.
1Opinion of the Court
Robson, J.:
The contract upon which plaintiff bases her cause of action was made by plaintiff with her two sons shortly after the death of her husband, John H. Gail, for the purpose, among other things, of adjusting the rights to, and making division of, the ¡personal property of which her. husband at his death was the owner, and the release to the sons of plaintiff’s interest in the real estate of deceased; she on her part to receive from the sons for her future support an agreed amount to be paid monthly. The defendant and his brother Harry M. Gail are the only next of kin and heirs at law…
2Cases cited6 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Buffalo East Side Railroad v. Buffalo Street RailroadNew York Court of Appeals · 1888
- Williams v. GridleyAppellate Division of the Supreme Court of the State of New York · 1906
- Hoyt v. Thompson'sNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Schantz v. American Auto Supply Co.New York Supreme Court · 1942
- In re the Estate of ValverdeNew York Surrogate's Court · 1933
- In re the Probate of the Will of LansNew York Surrogate's Court · 1960
- Deering Milliken, Inc. v. Georgette Juniors, Inc.New York Supreme Court · 1962
4 more not listed; retrieve them via the Exa API.