Parmelee v. . Cameron
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the sixth judicial district. The cause was tried at a Special Term hy the court, and the plaintiff had judgment, which was affirmed at General Term. It was an action to set aside an assignment of a legacy by the plaintiff to the defendant. The facts as found were substantially as follows: The plaintiff had a legacy of $5,000 left him by will, payable five years after the testator’s death, with interest.
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Appeal from a judgment of the General Term of the Supreme Court in the sixth judicial district. The cause was tried at a Special Term hy the court, and the plaintiff had judgment, which was affirmed at General Term. It was an action to set aside an assignment of a legacy by the plaintiff to the defendant. The facts as found were substantially as follows: The plaintiff had a legacy of $5,000 left him by will, payable five years after the testator’s death, with interest. The testator died April 14th, 1857, leaving sufficient personal property to satisfy all bequests. After the plaintiff became…
1Opinion of the CourtJames, J.
The General Term having affirmed the judgment of the Special Term, the facts found by the court are the facts upon which the judgment appealed from must be reviewed and determined.
At the death of the testator, the legacy to plaintiff had become absolute and fixed; its amount and day of payment certain; and hence it was not an expectancy or reversionary instrument, uncertain in amount or otherwise, but a fixed, definite right, as capable of being assigned and transferred as a bond and mortgage; and, therefore, in the absence of fraud & undue influence, the sale of such property at an…
2Cases cited1 opinion
- People v. WarnerNew York Supreme Court · 1848
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- Wells v. HoustonCourt of Appeals of Texas · 1900
- Niagara Mohawk Power Corp. v. Graver Tank & Manufacturing Co.District Court, N.D. New York · 1979
- Brown v. BrownSupreme Court of Connecticut · 1895
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