Legal Opinion

Newell v. . Nichols

New York Court of Appeals

Decided November 12, 1878PublishedCited by 58 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 604.) This action was brought to obtain a judicial construction of the will of Elizabeth M. Walter. The clause of the will in question is as follows : “ Fourth.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 604.) This action was brought to obtain a judicial construction of the will of Elizabeth M. Walter. The clause of the will in question is as follows : “ Fourth. I give, devise, and bequeath, to my said husband, Charles W. Walter, and my friends, Samuel Treat, of St. Louis, Missouri, and Samuel Newell, of Clifton, New Jersey, and to the survivor of them, and to their successors in this…

1Opinion of the Court

Church, Ch. J.

The able and elaborate opinion delivered by Judge Yah Vorst, who tried the case at Special Term, renders it unnecessary to elaborate the questions involved. I have examined with care all the points presented, and I concur fully with the opinion upon all of them, and with the views expressed therein.

The principal points decided are : 1st. That the appellants who claim through a survivorship must prove the survivor-ship. 2d. That there is no presumption in law of survivor-ship in the case of persons who perish by a common disaster, as in this case, by shipwreck, without other…

2Cited by58 opinions

  1. Burnet v. HoustonSupreme Court of the United States · 1931
  2. In Re the Will of FowlesNew York Court of Appeals · 1918
  3. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  4. People v. EuloNew York Court of Appeals · 1984
  5. Young Women's Christian Home v. FrenchSupreme Court of the United States · 1903

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