In Re the Estate of McMillan
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1915, which modified and affirmed as modified a decree of the New York County Surrogate’s Court directing a sale of decedent’s real property for the payment of her debts. The petitioner appeals from the order so far as it modifies the decree of the Surrogate’s Court. The defendants appeal therefrom so far as it affirms any portion of the decree.
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1915, which modified and affirmed as modified a decree of the New York County Surrogate’s Court directing a sale of decedent’s real property for the payment of her debts. The petitioner appeals from the order so far as it modifies the decree of the Surrogate’s Court. The defendants appeal therefrom so far as it affirms any portion of the decree. The facts, so far as material, are stated in the opinion. The petitioner’s claim was clearly established by evidence of a…
1Opinion of the Court
Willard Bartlett, Ch. J.
This controversy grows out of an alleged contract between a wealthy widow and her niece. The widow was Mrs. M. Emeline McMillan who was born in 1882 and died in 1907. The niece is Mrs. Pauline A. Piffard whose maiden name was Pauline Arthur. In 1885 when Pauline Arthur was twenty years of age her widowed mother died in Rome, Italy, and, thereupon, Pauline who became possessed of independent means of her own upon her mother’s death, went to reside with her aunt, Mrs. McMillan; and lived and traveled with her' upon terms of close intimacy for many years thereafter. They…
2Cases cited3 opinions
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Holt v. . TuiteNew York Court of Appeals · 1907
- Adenaw v. . PiffardNew York Court of Appeals · 1911
3Cited by18 opinions
- In re the Estate of DavisNew York Surrogate's Court · 1927
- In re HudsonAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
- Ennis v. ChichesterAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of PresenderAppellate Division of the Supreme Court of the State of New York · 1954
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