Delos Bush v. Whitaker
New York Supreme Court
Action for specific performance.
1Opinion of the CourtWright, J.
This action was tried before the court without a jury. The relief demanded is a specific performance of an alleged contract to make a bequest based on the following letter: “ Delos, if there is not any change in my family, 1 shall leave one-half of what I have for you, but have willed you $1,000 — now I want to say to you — you get me up a cane that will be good enough for you when I get through with, and I will leave the cane and $1,000 with it when I get through. Keep this note. Dated Antwerp, September 2, 1868. E. Fulton.”
The plaintiff furnished the cane. It was made of rosewood and had a…
2Cases cited15 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Owens v. McNallyCalifornia Supreme Court · 1896
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Winne v. . WinneNew York Court of Appeals · 1901
- Parsell v. . StrykerNew York Court of Appeals · 1869
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3Cited by2 opinions
- Stewart v. SmithCalifornia Court of Appeal · 1907
- In re BradburyAppellate Division of the Supreme Court of the State of New York · 1905