Smith v. . Keller
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 29, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was reversible error to admit the testimony of the plaintiff as to personal transactions with her mother, the testatrix. (Hutton v. Smith, 175 N. Y. 316; Yates v. Root, 4 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 29, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was reversible error to admit the testimony of the plaintiff as to personal transactions with her mother, the testatrix. (Hutton v. Smith, 175 N. Y. 316; Yates v. Root, 4 App. Div. 439; Fisher v. Verplanck, 11 Hun, 150; Mitchell v. Holland, 72 App. Div. 224; Pringle v. Burroughs, 185 N. Y. 315.) The court erred in…
1Opinion of the CourtChase, J.
Ellen Raidy duly made her will April 15, 1896. At that time she was a widow with four children. By her will she gave to her daughter Diana one dollar, And divided in equal shares the remainder of her property, real and personal, among her three children, Daniel, Kate and Louise. Daniel died April 20, 1906, leaving a will by which he gave all of his property to his mother, but provided therein that in case his mother did not survive him then he gave all of his property to his sisters, Kate and Louise. Ellen survived Daniel, and died February Id, 1907. Her will was admitted to probate March 17,…
2Cases cited13 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
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3Cited by51 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In Re the Will of PutnamNew York Court of Appeals · 1931
- Estill v. Sisters of CharityWashington Supreme Court · 1970
- Wellman v. CarterMassachusetts Supreme Judicial Court · 1934
- In Re the Estate of AnnaNew York Court of Appeals · 1928
46 more not listed; retrieve them via the Exa API.