Sears v. . Shafer
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the second district, where a decree, made at special term, annulling a release, on the ground of undue influence, had been reversed, and the plaintiffs' bill dismissed, with costs.
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Appeal from the general term of the Supreme Court, in the second district, where a decree, made at special term, annulling a release, on the ground of undue influence, had been reversed, and the plaintiffs' bill dismissed, with costs. (Reported at special term, 1 Barb. 408.) This was a bill in equity filed by the children and heirs-at-law of Elizabeth Sears against John and George Shafer, the sons of Frederick Shafer, deceased, who was a brother of the said Elizabeth Sears, to set aside and annul a deed of release executed by the latter to her brother Frederick, on the 5th February' 1820, on…
1Opinion of the CourtGridley, J.
— On the 2d day of April 1804, Dederick Shafer made his last will and testament, by which he devised to his three sons, Dederick, Daniel and Frederick, the three farms on which they then resided; and bequeathed to his daughter a legacy, the interest of which he directed to be paid to her annually, by his executors. The testator died in 1807, leaving the will unrevoked and in full force. In the winter of 1820, the three sons concluded to release to each other the remainders in the farms they respectively occupied under the will of their father; in which release, their sister, Elizabeth Sears,…
2Cases cited2 opinions
- Erickson v. . QuinnNew York Court of Appeals · 1872
- Bergen v. UdallNew York Supreme Court · 1858
3Cited by43 opinions
- Pierce v. . PierceNew York Court of Appeals · 1877
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
- Doheny v. . LacyNew York Court of Appeals · 1901
- Allen v. . La VaudNew York Court of Appeals · 1915
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
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