Legal Opinion

Henning v. Miller

New York Supreme Court

Decided December 26, 1894PublishedCited by 2 opinions

Appeal from judgment on report of referee. Claim by Mary Henning against Libbie Miller, as administratrix of Catherine Barbara Hestel, deceased. From a judgment in favor of plaintiff, and from an order awarding costs to plaintiff, defendant appeals.

1Opinion of the CourtBradley, J.

The trial was of a disputed claim made by the plaintiff against the estate of the defendant’s testatrix. The referee found that the plaintiff, being the owner of an undivided one-third part of certain lands, entered into an agreement with the defendant’s testatrix whereby it was verbally agreed between them that, in consideration of a conveyance by the plaintiff to her of her interest in such lands, the defendant’s testatrix would devise and bequeath an equal undivided one-third part of all the estate, real and personal, of which she should die seised and possessed, to the plaintiff; that the…

2Cases cited13 opinions

  1. Robinson v. . RaynorNew York Court of Appeals · 1863
  2. Reed v. . McConnellNew York Court of Appeals · 1892
  3. Quackenbush v. EhleNew York Supreme Court · 1849
  4. Lisk v. ShermanNew York Supreme Court · 1857
  5. Matson v. . AbbeyNew York Court of Appeals · 1894

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3Cited by2 opinions

  1. Crowe v. BaumannDistrict Court, N.D. New York · 1912
  2. Lamphere v. LamphereNew York Supreme Court · 1900

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