Peters v. Smith
New York Supreme Court
Action by Albert A. Peters as executor, etc., of Charles A. Peters, deceased, against Amelia L. Smith, individually and as executrix of Charles A. Peters, deceased. On motion for a new trial on the minutes, after verdict for plaintiff.
1Opinion of the CourtWheeler, J.
The plaintiff’s testator died on September 2, 1906. By his will- he appointed the plaintiff and the defendant executor and executrix of his will. Both parties qualified. Two days prior to the *843testator’s death he drew from the bank $500. Of this sum the defendant claims the testator prior to his death made her a present of $200. The defendant, on the other hand, claims no such gift was made, but that the defendant took and appropriated the $200 to her own use after the testator’s death. Each party on the trial gave evidence tending to establish the truth of their respective claims, but the…
2Cases cited3 opinions
- Smith v. LawrenceNew York Court of Chancery · 1844
- Rogers v. MaguireNew York Supreme Court · 1894
- Whitney v. CoapmanNew York Supreme Court · 1862