Edson v. . Parsons
New York Court of Appeals
Appeal from, a judgment of the late General Term of the-Supreme Court in the first judicial department, entered July 2, 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature, of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from, a judgment of the late General Term of the-Supreme Court in the first judicial department, entered July 2, 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature, of the action and the facts, so far as material,, are stated in the opinion. The uncontradicted evidence and the language of the wills ■clearly prove an agreement to execute mutual wills enforceable in equity. [Parsell v. Stryker, 41 N. Y. 480; Johnson v. Hubbell, 10 N. J. Eq. 332; Dufour v. Pereira, 1 Dick.…
1Opinion of the CourtGray, J.
The plaintiff’s testator brought this action for the purpose.of obtaining a judgment, which should declare a will made by Mary A. Edson, deceased, in August 1884, to be valid and binding upon her estate and upon the defendants, Parsons and others; who were named as executors and lega tees in a will executed by her subsequently, in May 1890. The plaintiff therein having died after the commencement of the action, the same was revived in the name of the present plaintiff as his executrix. The theory of the action, as shown in the complaint, was that the will, whose provisions are sought to be…
2Cases cited1 opinion
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
3Cited by145 opinions
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