Snook v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helen J. Snook, as administratrix, etc., ■ of Harriet White, deceased, from a judgment of the Supreme Court ■ in favor of the defendant Lottie E. Sullivan, as executor, etc., of Robert F. Sullivan, deceased, entered in the office of the clerk of the county of Onondaga on the 22d day of April, 1899, upon the decision of the court, rendered after a trial at the Onondaga Special Term, and also from an order entered in said clerk’s office on the ,11th…
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Appeal by the plaintiff, Helen J. Snook, as administratrix, etc., ■ of Harriet White, deceased, from a judgment of the Supreme Court ■ in favor of the defendant Lottie E. Sullivan, as executor, etc., of Robert F. Sullivan, deceased, entered in the office of the clerk of the county of Onondaga on the 22d day of April, 1899, upon the decision of the court, rendered after a trial at the Onondaga Special Term, and also from an order entered in said clerk’s office on the ,11th day of February, 1899, denying the plaintiff’s motion for a new trial made upon the ground of newly-discovered evidence.…
1Opinion of the Court
Laughlts, J.:
The facts stated show the existence of a relation of trust and confidence between the decedent and Sullivan similar to that existing between an attorney and client, bringing the case within the principle of the rule applicable to the latter relation, and the burden of proof was upon the defendant to show by clear, convincing and satisfactory evidence that the decedent perfectly understood the nature and effect of the assignment; that the execution thereof by her was free from fraud and was her voluntary act. (Pom. Eq Juris. § 960; Story Eq. Juris. §§ 311, 312, 312b, 312d;…
2Cases cited6 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Nesbit v. . LockmanNew York Court of Appeals · 1866
- Freelove v. ColeNew York Supreme Court · 1863
- In re Wiegel's EstateNew York Supreme Court · 1894
- Lansing v. RussellNew York Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Reoux v. ReouxAppellate Division of the Supreme Court of the State of New York · 1957
- Howland v. SmithAppellate Division of the Supreme Court of the State of New York · 1959
- Radin v. OppermanAppellate Division of the Supreme Court of the State of New York · 1978
- Bauchle v. SmylieAppellate Division of the Supreme Court of the State of New York · 1905
4 more not listed; retrieve them via the Exa API.