O'Donohue v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiffs, Thomas J. O’Donohue, Jr., and others, respectively, from separate judgments of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York in each case on the 5th day of February, 1908, upon the decision of the court rendered after a trial at the Hew York Special Term, as amended in each case by an order ■ entered on the 27th day of February, 1908, with notice of an intention by each appellant to bring…
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Appeals by the plaintiffs, Thomas J. O’Donohue, Jr., and others, respectively, from separate judgments of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York in each case on the 5th day of February, 1908, upon the decision of the court rendered after a trial at the Hew York Special Term, as amended in each case by an order ■ entered on the 27th day of February, 1908, with notice of an intention by each appellant to bring up for review the order amending the judgment appealed from.
1Opinion of the Court
Scott, J.:
In each of these actions the plaintiff asks a judgment annulling a deed made by him or her during infancy and without consideration. From a judgment dismissing the complaint upon the merits each plaintiff appeals.
’ The actions arise upon identical facts, except the ages of the respective plaintiffs at the time the deeds attacked were executed. ■ Hugh Smith died July 16, 1890, leaving a last will and testament wherein, after providing an amount of $1,200 per annum for his brother Henry A. Smith, he gave a life estate in his whole property to his sister Catharine T. Smith, the estate…
2Cases cited17 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Bool v. MixNew York Supreme Court · 1837
- Gilmore v. . HamNew York Court of Appeals · 1894
- Green v. . GreenNew York Court of Appeals · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Martin v. GoodmanSupreme Court of Oklahoma · 1927
- Spencer v. Lyman Falls Power Co.Supreme Court of Vermont · 1938
- In re the Estate of ZiembaNew York Surrogate's Court · 1938
- Ford v. ClendeninAppellate Division of the Supreme Court of the State of New York · 1913
5 more not listed; retrieve them via the Exa API.