Leary v. Corvin
New York Supreme Court
This is an action brought by the plaintiff, as the daughter of Patrick J. Corvin and Mary Corvin, both deceased, to have a deed made and delivered by them to the defendant The Church of St. Mary in the city of Mew York declared a trust deed for the purposes set forth in the complaint; and for judgment that the plaintiff is now the absolute owner of the property described in said deed, and for a money judgment for $5,000 against the defendant The Church of St. Mary in the…
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This is an action brought by the plaintiff, as the daughter of Patrick J. Corvin and Mary Corvin, both deceased, to have a deed made and delivered by them to the defendant The Church of St. Mary in the city of Mew York declared a trust deed for the purposes set forth in the complaint; and for judgment that the plaintiff is now the absolute owner of the property described in said deed, and for a money judgment for $5,000 against the defendant The Church of St. Mary in the city of Mew York, and for a money judgment against the defendant Lizzie J. Corvin for $1,000, and requiring said last-named…
1Opinion of the CourtWebkeb, J.
The first questions to be decided arise upon objections to the competency of witnesses and of testimony upon which, by stipulation of counsel, decision was reserved. The plaintiff’s husband, who will have a tenancy by the curtesy initiate in said premises if his wife’s claim is sustained, was a competent witness. Albany County Sav. Bank v. McCarty, 149 N. Y. 71. As to the competency of the plaintiff to testify to the interview between her mother and Bather Hughes there is some doubt. The cases of Simmons v. Sisson, 26 N. Y. 264; Lobdell v. Lobdell, 36 id. 327; Cary v. White, 59 id. 336, and…
2Cases cited12 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
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3Cited by1 opinion
- Leary v. CorvinAppellate Division of the Supreme Court of the State of New York · 1904