Allerton v. Lang
The Superior Court of New York City
This case was a controversy submitted upon an agreed statement of facts, to be determined by the Court without action, pursuant to section 372 of the Code of Procedure. On or about the fifth day of April, 1862, Mrs. Charlotte Dobbin, of the City of Hew York, died in said city, leaving a will, whereby she appointed the defendants, William B. Lang and Anson Willis, her executors, and they afterward entered upon their duties as such.
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This case was a controversy submitted upon an agreed statement of facts, to be determined by the Court without action, pursuant to section 372 of the Code of Procedure. On or about the fifth day of April, 1862, Mrs. Charlotte Dobbin, of the City of Hew York, died in said city, leaving a will, whereby she appointed the defendants, William B. Lang and Anson Willis, her executors, and they afterward entered upon their duties as such. Margaret E. Allerton, one of the plaintiffs, was the stepdaughter of Mrs. Dobbin, being the daughter of Mrs. Dobbin’s husband, now deceased, by a former wife; she…
1Opinion of the Court
By the Court—Robertson, J.
It appears by the ease submitted that Mrs. Allerton was the stepdaughter of the decedent, Mrs. Dobbin, resided and was on the most intimate and affectionate terms with her, when the transaction took place which is the subject of the controversy. It also appears that a Mrs. Carman was a niece of the decedent.
The occasion of making the gift in question was evidently one in which the testatrix felt disposed to make gifts, as she took from the pocket-book in the pocket the treasury notes which she directed Mrs. Allerton to give to Mrs. Carman. It is also plain that she…
2Cases cited2 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Runyan v. MersereauNew York Supreme Court · 1814
3Cited by11 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Leyson v. DavisMontana Supreme Court · 1895
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Walker v. CrewsSupreme Court of Alabama · 1882
- Bond v. BeanSupreme Court of New Hampshire · 1904
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