Legal Opinion

West v. Burke

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

Decided January 6, 1915PublishedCited by 4 opinions

Appeal by the plaintiff, Walter S. West, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Saratoga on the 9th day of March, 1914, dismissing the complaint upon the decision of the court after a trial before the court without a jury.

1Opinion of the Court

Kellogg, J.:

The plaintiff seeks a judgment annulling an order of the Special Term made February 7, 1908, and a judgment of the court of June 10, 1908. The order permitted, and the judgment declared valid, two assignments of a part of the interests of the plaintiff under the will of his father, one to his wife, the other to a trustee for the benefit of his wife and children. In *669effect the plaintiff seeks to have the said assignments declared ineffectual.

The trial court has found that the order and judgment sought 'to be vacated were duly obtained and that the assignments by the plaintiff of a…

2Cases cited3 opinions

  1. National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
  2. Hunt v. . JohnsonNew York Court of Appeals · 1870
  3. The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911

3Cited by4 opinions

  1. Graham v. HunterAppellate Division of the Supreme Court of the State of New York · 1943
  2. Gush v. GushAppellate Division of the Supreme Court of the State of New York · 1959
  3. Howland v. StitzerSupreme Court of North Carolina · 1952
  4. Gluck v. SylvesterAppellate Division of the Supreme Court of the State of New York · 1956

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