Kline v. Ellett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Kline, from an interlocutory judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Chemung on the 28th day of July, 1914, sustaining a demurrer to the complaint.
1Opinion of the Court
Kellogg, J. :
The complaint alleges an agreement between the plaintiff and his wife whereby he was to purchase certain real estate, described in the complaint, in her name, pay for it and that they should make so-called mutual wills so that the survivor should own the real estate and all the real and personal property owned by the other; that he purchased and paid for the property pursuant to said agreement and made his will in accordance therewith; that she made her will in plaintiff’s favor and duly acknowledged it before subscribing witnesses, but by mistake or design neglected to sign it,…
2Cases cited2 opinions
- Cole v. . ReynoldsNew York Court of Appeals · 1858
- Burtis v. BurtisNew York Supreme Court · 1891