De Verry v. Schuyler
New York Supreme Court
Appeal from special term, Rensselaer county. Action by Richard De Verry against Clarkson O. Schuyler, executor of the will of Maria Aspinwall, deceased, to recover on four notes alleged to have been made by testator. The claim was referred to a referee, who found for plaintiff, and whose report was confirmed, and judgment entered thereon. Defendant appeals. Code Civil Proc.
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Appeal from special term, Rensselaer county. Action by Richard De Verry against Clarkson O. Schuyler, executor of the will of Maria Aspinwall, deceased, to recover on four notes alleged to have been made by testator. The claim was referred to a referee, who found for plaintiff, and whose report was confirmed, and judgment entered thereon. Defendant appeals. Code Civil Proc. N. Y. § 829, prohibits parties, in actions against executors or administrators of deceased persons, from testifying to any personal transaction or communication with the decedent in relation to the claim, except where the…
1Opinion of the CourtFish, J.
• On the trial of this action, the defendant, as executor, was called as a witness in his own behalf, and was examined as to the handwriting of the notes in question, and of the signatures thereto. Upon this the plaintiff was called, sworn, and examined, as a witness in his own behalf, as to the transactions between himself and the testatrix, deceased. The evidence was objected to by counsel for the defendant as inadmissible under the provisions of section 829 of the Code of Civil Procedure. The objection was well taken; and the admission of the evidence was error, for which the judgment must…
2Cases cited5 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Pinney v. . OrthNew York Court of Appeals · 1882
- Lewis v. . MerrittNew York Court of Appeals · 1885
- Simmons v. . HavensNew York Court of Appeals · 1886
- Chadwick v. . FonnerNew York Court of Appeals · 1877
3Cited by3 opinions
- Hoes v. NageleAppellate Division of the Supreme Court of the State of New York · 1898
- Pitts v. PitchfordDistrict Court of Appeal of Florida · 1967
- Rogers v. McGuireNew York Supreme Court · 1895