Wheeler v. Hall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David Moore, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Dutchess on the 19th day of January, 1900, upon the decision of the court rendered after a trial at the Dutchess County Special Term, and also from an order made at the Dutchess-County Special Term, bearing date the 19th day of June, 1899, and entered in said clerk’s office, amending, the plaintiff’s complaint.
1Opinion of the Court
Woodward, J.:
The plaintiffs are nephews, entitled to a legacy under the last will and testament of Leonard D. Hall, who was the owner, at the time of his death, of the real estate involved in the present action. By the terms of this will the executors of the said Hall were empowered to sell the real estate, and the property now in litigation was offered for sale at public auction on the 27th day of April, 1899. It appeared upon the trial that the plaintiffs entered into a parol agreement with their father, Shandanette Wheeler, to act as their agent in the purchase of this property ; that the…
2Cases cited3 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Canda v. . TottenNew York Court of Appeals · 1898
- Canda v. TottenNew York Supreme Court · 1895
3Cited by8 opinions
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Cox v. HalloranAppellate Division of the Supreme Court of the State of New York · 1901
- Hamilton v. MendhamAppellate Terms of the Supreme Court of New York · 1911
- Meeks v. MeeksAppellate Division of the Supreme Court of the State of New York · 1903
- Stratton v. City Trust, Safe Deposit & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
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