Ham v. . Van Orden
New York Court of Appeals
Appeal from judgment of'the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 4, 1880, affirming a judgment in favor' of defendant, entered upon the report of a referee. This action was commenced by Jane C. Ham, and she dying, was continued by Watson Ham, as her administrator.
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Appeal from judgment of'the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 4, 1880, affirming a judgment in favor' of defendant, entered upon the report of a referee. This action was commenced by Jane C. Ham, and she dying, was continued by Watson Ham, as her administrator. The complaint states the death of one Wessel T. Van Orden in January, 1871,, leaving a will which was duly admitted to probate, and contained among others these words; “ I give, bequeath and direct as follows: that all my mortgages, bonds, notes and money remaining,…
1Opinion of the CourtDanforth, J.
So far as the questions of fact involved in this case depend upon conflicting evidence, the findings of the referee cannot be reviewed here. They have been examined by the Supreme Court and found satisfactory. As to those questions, therefore, the judgment appealed from is final. Among- those most material to the plaintiff’s case is the issue raised by the answer and reply involving the validity of the release or quit-claim executed by Mrs. Ham. That it was, in fact, executed by her and by her delivered, is apparent. Was its execution and delivery induced by fraud or other influence set out…
2Cases cited5 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Moore v. LittelNew York Court of Appeals · 1869
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Woodgate v. . FleetNew York Court of Appeals · 1870
- Sheridan v. HouseNew York Court of Appeals · 1868
3Cited by31 opinions
- Senior v. BradenSupreme Court of the United States · 1935
- Brown v. FletcherSupreme Court of the United States · 1915
- Bergmann v. . LordNew York Court of Appeals · 1909
- Hoag v. . WrightNew York Court of Appeals · 1903
- Clowe v. . SeaveyNew York Court of Appeals · 1913
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