Legal Opinion

Peyton v. Coulson

New York Supreme Court

Decided September 15, 1947PublishedCited by 8 opinions

1Opinion of the CourtLumbard, J.

The plaintiff applies pursuant to section 288 of the Civil Practice Act for an order directing that the testimony of the executors of the last will and testament of William C. Peyton be taken before trial as witnesses in the action, and further directing the executors to produce books, papers and records in their custody pertinent to the items upon which the examination is sought.

The action is brought by the plaintiff, the son and sole heir at law of the testator, to impose a constructive trust in his favor upon a residuary legacy obtained by the individuals-defendants under the will of the…

2Cases cited6 opinions

  1. Town of Hancock v. . First National BankNew York Court of Appeals · 1883
  2. Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Farber v. DebruinAppellate Division of the Supreme Court of the State of New York · 1938
  4. Favole v. GalloAppellate Division of the Supreme Court of the State of New York · 1941
  5. Laruffa v. AstaritaAppellate Division of the Supreme Court of the State of New York · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Mills v. MontanaNew York Supreme Court · 1958
  2. Koolery v. LindemannNew York Supreme Court · 1949
  3. Latz v. CastriconeNew York Supreme Court · 1958
  4. Mossa v. KaplanNew York Supreme Court · 1959
  5. Essley Shirt Co. v. LybrandNew York Supreme Court · 1956

3 more not listed; retrieve them via the Exa API.

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