Legal Opinion

Allen v. . La Vaud

New York Court of Appeals

Decided January 5, 1915PublishedCited by 41 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 24, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The burden of proof is upon the defendant to show that the transaction was a fair one.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 24, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The burden of proof is upon the defendant to show that the transaction was a fair one. (Ten Eyck v. Whitbeck, 156 N. Y. 341; McClellan v. Grant, 83 App. Div. 599; Sheehan v. Erbe, 77 App. Div. 176; Barnard v. Gantz, 140 N. Y. 249; Matter of Budlong, 126…

1Opinion of the CourtHiscock, J.

This action was brought to set aside two deeds made by one Philip S. Biglin and his wife, the defendant Louisa A. Biglin, to his daughter, the defendant La Vaud, on the grounds that said Biglin was of. unsound mind, and that said conveyances were procured by duress and undue influence exercised over him by the said defendant La Vaud. The conveyances were executed as part of one and the same transaction, and the defendant Mrs. Biglin joined in them simply for the purpose of cutting off her right of dower.

The trial justice announced at the close of plaintiff’s case, and without hearing any…

2Cases cited14 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. Wood v. . RabeNew York Court of Appeals · 1884
  3. Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
  4. Barnard v. . GantzNew York Court of Appeals · 1893
  5. Highberger v. StifflerCourt of Appeals of Maryland · 1864

9 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. McCandless v. FurlaudSupreme Court of the United States · 1935
  2. Feiden v. FeidenAppellate Division of the Supreme Court of the State of New York · 1989
  3. In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
  4. In re the Estate of CamardaAppellate Division of the Supreme Court of the State of New York · 1978
  5. In re the Estate of ConnellyAppellate Division of the Supreme Court of the State of New York · 1993

36 more not listed; retrieve them via the Exa API.

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