Legal Opinion

Leavitt v. Enos

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 1913PublishedCited by 10 opinions

Appeal by the defendant, Charles H. Enos, as ancillary executor,, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of March, 1912, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Scott, J.:

The plaintiff seeks to recover upon an alleged assignment by Thomas B. Enos, defendant’s testator, of a sum of money, part of 'the said testator’s share or interest in the estate of Thomas W. Evans, deceased. The facts are very simple. A contest arose as to the proper distribution of the estate of Thomas W. Evans, deceased. Thomas B. Enos was entitled to a share in said estate and was a contestant of his will. In June, 1900, an agreement was made between the executors of the Evans estate and the several contestants of his will, by which among other things it was agreed that said…

2Cases cited1 opinion

  1. Hall v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by10 opinions

  1. De Korwin v. First National Bank of ChicagoDistrict Court, N.D. Illinois · 1958
  2. De Korwin v. First National Bank of ChicagoCourt of Appeals for the Seventh Circuit · 1960
  3. In re the Estate of BechtoldtNew York Surrogate's Court · 1936
  4. Stotesbury v. HuberDistrict Court, E.D. New York · 1916
  5. Topping v. Trade Bank of New YorkCourt of Appeals for the Second Circuit · 1936

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