Legal Opinion

Stevens v. Halstead

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1917PublishedCited by 18 opinions

Appeal by the plaintiff, John J. Stevens, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 27th day of February, 1917, dismissing the complaint at the opening on a trial at the Orange Special Term.

1Opinion of the Court

Blackmar, J.:

The complaint alleged that the plaintiff was the only heir and next of kin of one Charles E. Stevens, who died intestate on November 23, 1916; that the defendant, a married woman forty-seven years of age, separated from her husband, lived with the said decedent, who was seventy years of age and physically and mentally infirm, ostensibly as his housekeeper but really as his mistress; that defendant, with intent to obtain the property of decedent by coercion, fraud and deceit, induced decedent to adopt her as his child, which he did on September 15, 1916; that she continued her…

2Cases cited5 opinions

  1. Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
  2. Matter of MacRaeNew York Court of Appeals · 1907
  3. In re ZieglerAppellate Division of the Supreme Court of the State of New York · 1914
  4. In re the Abrogation of the Adoption Proceedings of McDevittAppellate Division of the Supreme Court of the State of New York · 1917
  5. In re Moore, New York County Courts1911

3Cited by18 opinions

  1. In re the Adoption of Robert Paul P.New York Court of Appeals · 1984
  2. In re the Adoption of EatonNew York Court of Appeals · 1953
  3. In re MacLeanNew York Surrogate's Court · 1919
  4. Adoption of SewallCalifornia Court of Appeal · 1966
  5. Natural Parents of their Child "Nicky" v. DumpsonNew York Surrogate's Court · 1975

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