Pink v. Church
New York Supreme Court
Appeal from circuit court, Dutchess county. Action by Stewart H. Pink against William S. Church, administrator of Henry H. Stewart, deceased, to recover ten $1,000 bonds of the Union Pacific Railroad Company, which the plaintiff alleged were given to him by said intestate, but taken possession of by the defendant, as a part of said intestate’s éstate.
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Appeal from circuit court, Dutchess county. Action by Stewart H. Pink against William S. Church, administrator of Henry H. Stewart, deceased, to recover ten $1,000 bonds of the Union Pacific Railroad Company, which the plaintiff alleged were given to him by said intestate, but taken possession of by the defendant, as a part of said intestate’s éstate. The complaint alleged that said intestate lived with complainant’s people at the time of his death; that he was a bachelor; that plaintiff had lived with him from his boyhood till 28 years of age, performing household and other offices for the…
1Opinion of the CourtPratt, J.
The proof is decisive that the deceased regarded plaintiff as his-son, had brought him up as such, intended to provide for his future as for that of a son, and had put aside the bonds in suit as such a provision for him. The only question is whether he succeeded in so putting his intentions into acts that the law can carry them into effect. An examination of the testimony shows that he informed the plaintiff of his intention to give him the bonds, told him where they were deposited, and gave him the key by which to gain possession of them. The jury were charged that if the key was given with…
2Cited by7 opinions
- Hynes v. WhiteCalifornia Court of Appeal · 1920
- Foster v. ReissSupreme Court of New Jersey · 1955
- Newsome v. AllenWashington Supreme Court · 1915
- In re the Estate of AdlerNew York Surrogate's Court · 1919
- Killian v. HeinzerlingAppellate Division of the Supreme Court of the State of New York · 1906
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