Stewart v. Stewart
New York Court of Chancery
THE plaintiff is the widow and executrix of William R. Stewart, deceased. The testator, on the 13th of February, 1809, married Catharine, the widow of Joseph Hopkins, and after her death married the plaintiff.
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THE plaintiff is the widow and executrix of William R. Stewart, deceased. The testator, on the 13th of February, 1809, married Catharine, the widow of Joseph Hopkins, and after her death married the plaintiff. After the marriage of the testator with his former wife, and during their lives, twenty-three shares of the capital stock of the Bank of America, were purchased for, and transferred to her, by the name of Catharine Stewart, and have since stood in the books of the bank in her name. The stock was purchased with fhe money accruing to the testator, in right of his former wife, as widow of…
1Opinion of the Court
The Chancellor.
The preliminary question, touching. the competency of the testimony of John James Stewart, is first to be disposed of. He has been examined in chief, on behalf of the defendants, W. J. Stewart and Mary Steivart; and he has evidently a direct interest in right of his wife, in support of the defence set up by those defendants, and of their claim to the twenty-three bank shares. It is admitted, that if the claim could be supported, his wife, as one of the next of kin to Catharine Stewart, would be entitled to a distributive share of the stock; and it is well settled, that the…
2Cited by14 opinions
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- Kistler v. ErnstSupreme Court of Kansas · 1899
- Townsend v. RadcliffeIllinois Supreme Court · 1867
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