Legal Opinion

Rochester Savings Bank v. Bailey

New York Supreme Court

Decided March 15, 1901PublishedCited by 7 opinions

Surplus money proceedings in an action of foreclosure^ -

1Opinion of the CourtDavy, J.

The principal question involved in this controversy is whether the last will and testament of Franklin Bailey, deceased, in which he devised and bequeathed to his wife, Caroline F. Bailey, all of his real and personal property, revoked the deed to his nephew, John R. Bailey.

The deed was drawn and executed in the office of Henry M. Field, Esq., of Canandaigua, on or about the 3d day of January, 1885, and on that day placed in his hands by the grantor. Mr. Field testified that the grantor said to him when he handed him the deed, “ I want you to take that deed and keep it for me, and the deed is…

2Cases cited8 opinions

  1. Prutsman v. BakerWisconsin Supreme Court · 1872
  2. Hathaway v. . PayneNew York Court of Appeals · 1865
  3. Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
  4. Wellborn v. WeaverSupreme Court of Georgia · 1855
  5. In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Stonehill v. . HastingsNew York Court of Appeals · 1911
  2. In re the Estate of KennedyNew York Surrogate's Court · 1968
  3. Gridley v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
  4. In re Forbes' WillNew York Surrogate's Court · 1893
  5. Geiselhart v. LoomisAppellate Court of Illinois · 1995

2 more not listed; retrieve them via the Exa API.

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