Phillip v. Phillip
New York Supreme Court
Action" to establish mutual wills and to set aside for fraud and undue influence a deed and a bond and mortgage. The defendant Joseph 0. Phillip and his wife Nellie M. Phillip executed mutual wills October 16, 1909, in which they bequeathed and devised to each other their property during the natural life of each and" with remainder over on the death of each to their son Harry Gf. Phillip if alive and if dead then to their daughter Edith R. Finley of Homer, Mich.
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Action" to establish mutual wills and to set aside for fraud and undue influence a deed and a bond and mortgage. The defendant Joseph 0. Phillip and his wife Nellie M. Phillip executed mutual wills October 16, 1909, in which they bequeathed and devised to each other their property during the natural life of each and" with remainder over on the death of each to their son Harry Gf. Phillip if alive and if dead then to their daughter Edith R. Finley of Homer, Mich. Some time after the death of the mother the father employed a housekeeper then known as Maggie W. Brown who was still living with…
1Opinion of the CourtRodenbeck, J.
Mutual wills by an agreement of the defendant Joseph 0. Phillip and Nellie M. Phillip, his wife, with the plaintiff Harry G. Phillip have been shown. The two former executed identical wills devising a life use of the real estate in question in this action to each other with remainder over to the plaintiff upon the death of the survivor. These wills were executed pursuant to an agreement made between them to preserve the farm for the son in consideration of his remaining upon the farm after he became twenty-one years of age. He became twenty-one October 20, 1905, and the wills were executed…
2Cases cited5 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Kain v. . LarkinNew York Court of Appeals · 1894
- Calkins v. StedmanAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- Stevens v. MyersOregon Supreme Court · 1918
- Church of Christ Home for Aged, Inc. v. Nashville Trust Co.Tennessee Supreme Court · 1947
- Clements v. JonesSupreme Court of Georgia · 1928
- Schauer v. SchauerNew Mexico Supreme Court · 1939
- Church of Christ Home for Aged, Inc. v. Nashville Trust Co.Tennessee Supreme Court · 1947