Butler v. Sherwood
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward H. Sherwood, individually and as administrator, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 8th day of January, 1921, upon the decision of the court rendered after a trial without a jury at the Cortland Trial and Special Term, adjudging that a certain instrument executed by Ella F. Sherwood to the defendant Edward H. Sherwood is void and of no effect.
1Opinion of the Court
Woodward, J.:
Ella F. Sherwood, being about to undergo an operation for a cancer, made and executed an instrument in writing, in *604form a quitclaim deed, of all her real estate and personal property, -to her husband. This instrument bears date of January 25, 1916. The plaintiff is the brother and only heir at law of Ella E. Sherwood, and brings this action to set aside the said instrument on the ground that it was procured by undue influence, and that there was never any transfer of the property under the instrument. Upon the trial of the action there does not appear to have been any serious…
2Cases cited3 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
3Cited by18 opinions
- McCarthy v. PieretNew York Court of Appeals · 1939
- In re the Estate of ValentineNew York Surrogate's Court · 1924
- In re KarlinskiNew York Surrogate's Court · 1942
- In re the Estate of GagliardiNew York Court of Appeals · 1982
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
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