Dickinson v. . Seaman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1907, affirming a judgment in favor of defendants entered upon a decision of the court at Special Term sustaining a demurrer to the complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1907, affirming a judgment in favor of defendants entered upon a decision of the court at Special Term sustaining a demurrer to the complaint. The facts alleged by the plaintiff in her complaint are in substance as follows : In 1875 George W. Kidd entered into an ante-nuptial agreement with Anna Estelle Slocum, whereby in consideration of the sum of $40,000 advanced to him by her to be used in the business he was then carrying on, he agreed to marry her and to adopt her…
1Opinion of the CourtVann, J.
The complaint does not rest upon actual fraud alleged as matter of fact, but on constructive fraud alleged as a conclusion of law. The theory of the pleader was that the plaintiff, by means of the ante-nuptial contract made between her mother and the decedent, became entitled to all the property of the latter at his death, without any reduction through gifts made in his lifetime; that, in the words of her counsel, “ there was no option given to the decedent as to the sum or sums which he might give away,” either in his lifetime or by last will and testament and that he held his property as a…
2Cited by21 opinions
- Hamilton v. HamiltonTexas Supreme Court · 1955
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1919
- Chayka v. SantiniWisconsin Supreme Court · 1970
- Nile v. NileMassachusetts Supreme Judicial Court · 2000
- In Re Estate of LendersSupreme Court of Iowa · 1956
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