Davis v. . Crandall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, Í883, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The plaintiff, claiming under the will, must take it as he finds it. He cannot in the same breath affirm it and deny it.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, Í883, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The plaintiff, claiming under the will, must take it as he finds it. He cannot in the same breath affirm it and deny it. (Decker v. Waterman, 67 Barb. 460, 465.) Whether the gift or bequest in question should be deemed a specific legacy depends upon the intention of the…
1Opinion of the CourtEarl, J.
In October, 1861, Elbertia Yan Allen made her will in which she gave to Christina Amelia Davis a certain bond and mortgage made and executed by her husband, James Davis; to Helen Stephenson, a certain bond and mortgage executed by John Stephenson; to J. Elbert Davis “the sum of $243.92, a portion of the debt due me from the said J ames Davis secured by his notes ;” to. James Yan Allen Davis “ the sum of $243.92, another portion of the debt due me from the said James Davis and secured by his notes.” At the time of making the will the testatrix held a single note against James Davis for the…
2Cases cited4 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Kellett v. RathbunNew York Court of Chancery · 1833
- Mason v. RooseveltNew York Court of Chancery · 1821
3Cited by40 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
- StilphenSupreme Judicial Court of Maine · 1905
- Baker v. BakerIllinois Supreme Court · 1925
- In re the Judicial Settlement of the Account of TailerAppellate Division of the Supreme Court of the State of New York · 1911
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