Legal Opinion

Logan v. Whitley

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1908PublishedCited by 12 opinions

Appeal by the defendants, Frederick Kelson Whitley, individually, and as executor, etc., and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of July, 1908, upon the decision of the court, rendered after atrial at the Kings County Special Term, overruling the defendants’ demurrer to the complaint.

1Opinion of the Court

Miller, J.:

On the 19th day of February, 1903, the plaintiff’s intestate, Elizabeth J. Logan, and the defendant’s testator, John Whitley, entered into a contract in contemplation of marriage, which provided that the former, if she survived the, latter, should accept from his estate the sum of $10,000 in lien of dower and of her distributive share of the personal property, and that the latter should hold all the real estate which he then owned, or might thereafter acquire, free from any claim of dower, inchoate or otherwise; in consideration whereof the latter agreed that the former should be *668pa…

2Cases cited6 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. In re the Appraisal of the Property of BakerAppellate Division of the Supreme Court of the State of New York · 1903
  3. Gallagher v. . NicholsNew York Court of Appeals · 1875
  4. Edison Electric Illuminating Co. v. Franklin H. Kalbfleisch Co.Appellate Division of the Supreme Court of the State of New York · 1907
  5. Velie v. Newark City InsuranceNew York Supreme Court · 1883

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3Cited by12 opinions

  1. Bradley v. FoxIllinois Supreme Court · 1955
  2. Bierbrauer v. MoranAppellate Division of the Supreme Court of the State of New York · 1935
  3. In re the Estate of SparksNew York Surrogate's Court · 1939
  4. In re the Accounting of StanleyNew York Surrogate's Court · 1945
  5. In re Transfer Tax Upon the Estate of CoryAppellate Division of the Supreme Court of the State of New York · 1917

7 more not listed; retrieve them via the Exa API.

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