Huntington v. Gilmore
New York Supreme Court
This was an action to recover possession of a horse and some cattle and farming utensils, alledged to be withheld from the plaintiff, executrix of J. F. Huntington, by the defendants. The defendants, who were husband and wife, denied the allegations of the complaint, and set up property in themselves, and also in the wife. The cause was tried at the Clinton circuit in February, 1852, before Mr. Justice Hand.
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This was an action to recover possession of a horse and some cattle and farming utensils, alledged to be withheld from the plaintiff, executrix of J. F. Huntington, by the defendants. The defendants, who were husband and wife, denied the allegations of the complaint, and set up property in themselves, and also in the wife. The cause was tried at the Clinton circuit in February, 1852, before Mr. Justice Hand. The plaintiff proved the will of the testator, published on the 15th day of April, 1850, and letters testamentary thereon, and a demand of the property of the defendant, and there was…
1Opinion of the Court
By the Court, Hand, J.
Twenty-two days before the death of the plaintiff’s testator, and during his last illness, he conveyed to one of the defendants the farm on which she and her husband, the other defendant, then lived. After executing the deed, he stated that there was personal property on the premises, that was of no use to him and never would be; and one witness says, he said “ he would give it to her,” and another, “ I will give it to you.” Most of the property in controversy was then on that farm; and I think the important question in the case *246is, was this a valid gift of at least that…
2Cases cited4 opinions
- Grangiac v. ArdenNew York Supreme Court · 1813
- Russel v. BallNew York Supreme Court · 1806
- Welsh v. DusarSupreme Court of Pennsylvania · 1811
- Blanchard v. BloodNew York Supreme Court · 1848
3Cited by8 opinions
- Daniel v. SmithCalifornia Supreme Court · 1883
- Woodruff v. CookNew York Supreme Court · 1857
- Allen v. CowanNew York Supreme Court · 1858
- Brink v. GouldNew York Supreme Court · 1872
- Delmotte v. TaylorNew York Surrogate's Court · 1862
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