Gooding v. Brown
New York Supreme Court
Appeal from an order of the Ontario Special Term, giving to the defendants an additional allowance of $500 costs.
1Opinion of the Court
Bradley, J.:
The action is in the nature of specific performance against the heirs and next of kin of Wells Gooding,' deceased, of an oral agreement made between him and the plaintiff, that the survivor of them should take by devise and bequest the property of the other, subject only to the bequest by Wells of $10,000 to their sister Angeline. They duly made, pursuant to. the arrangement, their wills respectively, and deposited them with their attorney. After-wards the sister died, and thereafter Wells Gooding called for, received, and took away his will. He afterwards died, and the trial…
2Cases cited4 opinions
- Phillips v. PrestonSupreme Court of the United States · 1846
- Burke v. CandeeNew York Supreme Court · 1872
- Vilmar v. . SchallNew York Court of Appeals · 1875
- Town of Black Brook v. StateNew York Court of Appeals · 1977