Legal Opinion

Phillips v. Phillips

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1902PublishedCited by 5 opinions

Appeal from trial term, New York county. Action by James R. Phillips against Martha B. Phillips, as executrix of F. Stanhope Phillips, deceased. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtO’Brien, J.

The action was brought to determine the validity of the will of plaintiff’s brother, F. Stanhope Phillips, who died January 12, igoi. The will was dated September 24, 1900, and was admitted to probate on April 8, 1901. It gives to his wife, the defendant, Martha B. Phillips, all his estate, real and personal, and appoints her his sole executrix. The questions for our determination are whether or not, upon the evidence given at the trial, the plaintiff had the right to go to the jury on the subjects of testamentary capacity, undue influence, and proper execution of the will. Section 2653a of…

2Cases cited5 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  3. Buchanan v. BelseyAppellate Division of the Supreme Court of the State of New York · 1901
  4. Griswold v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
  5. Hagan v. SoneAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by5 opinions

  1. New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.Appellate Terms of the Supreme Court of New York · 1908
  2. Ivison v. IvisonAppellate Division of the Supreme Court of the State of New York · 1903
  3. Ivison v. IvisonAppellate Division of the Supreme Court of the State of New York · 1903
  4. New York Evening Journal Publishing Co. v. William F. Simpson Advertising AgencyCity of New York Municipal Court · 1907
  5. Ogden v. SergeantAppellate Terms of the Supreme Court of New York · 1908

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