Taylor v. . Higgs
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1909, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs have failed to establish the contract alleged in the complaint by the testimony of disinterested witnesses.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1909, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs have failed to establish the contract alleged in the complaint by the testimony of disinterested witnesses. (Rosseau v. Rouss, 180 N. Y. 121; Laidlaw v. Sage, 158 N. Y. 73; Johnson v. N. Y. C. & H. R. R. R. Co., 173 N. Y. 79-83; Mahaney v. Carr, 175 N. Y.…
1Opinion of the Court
Cullen, Ch. J.
The action was brought against the heirs at law, administrators and next of kin of Alma M. Taylor to specifically enforce a contract alleged to have been made by the deceased whereby she promised upon her death to devise and bequeath to the plaintiffs all the property that she had received under the will of her late husband, Dr. Judson J. Taylor, the father of the plaintiffs. The Special Term decided in favor of the plaintiffs and that decision has been affirmed at the Appellate Division by a divided court.
The circumstances of the case and the relations of the parties are as…
2Cases cited3 opinions
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Gelston v. . ShieldsNew York Court of Appeals · 1879
3Cited by17 opinions
- Estate of CarsonCalifornia Supreme Court · 1920
- Simon v. . EtgenNew York Court of Appeals · 1915
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Dilger v. Estate of McQuadeWisconsin Supreme Court · 1914
- Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 1913
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