Legal Opinion

In re the Estate of Mezger

New York Surrogate's Court

Decided March 4, 1935PublishedCited by 4 opinions

1Opinion of the Court

Feely, S.

During the cross-examination of claimant’s wife, as his main witness in support of his claim for the reasonable value of his services to testatrix, the witness suffered a stroke on the *634witness stand, and has become so incapacitated thereby that claimant’s counsel has stated to court and counsel he would not imperil her by ever producing her for further cross-examination. Thereupon the executor moved that all of the direct testimony of this witness be stricken from the record. Claimant’s counsel questioned on the argument whether the general rule was applicable to the facts herein.

In…

2Cases cited14 opinions

  1. The People v. . ColeNew York Court of Appeals · 1871
  2. Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
  3. Curtice v. WestNew York Supreme Court · 1888
  4. Gallagher v. GallagherAppellate Division of the Supreme Court of the State of New York · 1904
  5. Ferguson v. . TweedyNew York Court of Appeals · 1871

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3Cited by4 opinions

  1. Brown v. TannerDistrict Court of Appeal of Florida · 1964
  2. United States Steel Corp. v. United StatesDistrict Court, S.D. New York · 1968
  3. United States v. MalinskyDistrict Court, S.D. New York · 1957
  4. Gottfried v. GottfriedNew York Supreme Court · 1950

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