Tousey v. Hastings
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Gordon Hastings, as executor, etc., from a judgment of the Supreme Court in favpr of" the-plaintiff, entered in the office of the clerk of the county of Westchester on the 20th day of December, 1907, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Miller, J.:
This is a suit for specific performance • of an alleged oral agreement by the. defendant’s testatrix to make in effect.a testamentary disposition in favor of the plaintiff.
A publishing business was owned by the plaintiff’s brother, Frank Tousey, at the time of his death in September, 1902. At that time the plaintiff was the manager of the said business, and there is evidence tending to show that its then prosperous condition was due in large measure to his management. Said Frank Tousey left all of his property to his widow, the said testatrix, who shortly after zhis death gave a…
2Cases cited3 opinions
- Mahaney v. . CarrNew York Court of Appeals · 1903
- Roberge v. . BonnerNew York Court of Appeals · 1906
- Butcher v. GeissenhainerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by11 opinions
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estates of SchinasiNew York Surrogate's Court · 1931
- In re the Estate of ThoensNew York Surrogate's Court · 1975
- In re the Estate of McGillicuddyAppellate Division of the Supreme Court of the State of New York · 1920
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