Burnham v. . Comfort
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order dated September 15, 1885, which affirmed a judgment ordered for the plaintiff at Special Term. (Reported below 37 Hun, 216.) This action was brought to recover possession of certain real estate with damages for the use and occupation thereof. The facts are sufficiently stated in the opinion.
1Opinion of the CourtGray, J.
The appellant contends that a devise of real property to the respondent was satisfied by the payment to her in the testator’s, her father’s, lifetime, of a sum of money, and for which she gave a writing in the following form:
“ Eeceived of Oliver Comfort $500, which money I receive as my part of my father’s estate up to this time, and all such other property as he may accumulate up to his decease. In witness whereof I have hereunto subscribed my name.”
“Dated Southport, May 14, 1864,” and signed “Harriet Burnham, in presence of Lawrence Lain.”
By testator’s will, made prior to that date, he had…
2Cases cited3 opinions
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- Weston v. JohnsonIndiana Supreme Court · 1874
- Livingston v. LivingstonNew York Court of Chancery · 1817
3Cited by41 opinions
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- In Re Proving the Will of McGillNew York Court of Appeals · 1920
- Lane v. AlbertsonAppellate Division of the Supreme Court of the State of New York · 1903
- Titus v. BassiAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Application for Probate of a Paper Purporting to Be the Last Will & Testament of Van WoertAppellate Division of the Supreme Court of the State of New York · 1911
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