Toomey v. Whitney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bridget T. Whitney, individually and as administratrix, etc., of Nora Toomey, deceased, from an order of the Supreme Court, made at the Allegany Special Term and entered in the office of the clerk of the county of Allegany oñ the ■ 29th day of September,'1902, requiring the defendant to make- and file a bill of particulars of the property, debts and funeral expenses of the intestate and of the expenses of administration.
1Opinion of the Court
Spring, J.:
The parties to the action are brother and sister and are the only next of kin of. Nora Toomey who died intestate in the county of Steuben, New York State, in March, 1900.. The plaintiff resides .in the State of Missouri, and after the death of his sister Nora, assigned in writing his interest in her estate to" the defendant. He has commenced this action to set aside that transfer,, alleging that he was induced to execute the paper and part with his interest in the estate of his deceased sister by reason of fraudulent representations made to him by the defendant.
The order for the…
2Cases cited4 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- Mayer v. MayerAppellate Division of the Supreme Court of the State of New York · 1898
- Mungall v. BursleyAppellate Division of the Supreme Court of the State of New York · 1900
- Stevens v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Page Steel & Wire Co. v. Blair Engineering Co.Court of Appeals for the Third Circuit · 1927
- St. Regis Paper Co. v. Santa Clara Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1906