Legal Opinion

Satterly v. Dewick

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

Decided December 30, 1908PublishedCited by 1 opinion

Appeal by the plaintiff, Charles A. Satterly, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Suffolk on the 22d day of July, 1908, upon the decision of the court, rendered after a trial at the Suffolk Special Term, dismissing the complaint upon the merits.

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Appeal by the plaintiff, Charles A. Satterly, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Suffolk on the 22d day of July, 1908, upon the decision of the court, rendered after a trial at the Suffolk Special Term, dismissing the complaint upon the merits. Action to set aside a devise made to the defendant, a brother of the testatrix, upon the ground that she had created a trust thereof in favor of the plaintiff, her stepson. The plaintiff’s father married the testatrix while having a former wife still living, and on…

1Opinion of the Court

Judgment affirmed, with costs, on the opinion of Hr. Justice Jaycox at Special Term.

Woodward, Jenks, Hooker, Gaynor and Rich, JJ., concurred.

The following is the opinion delivered at Special Term:

Jaycox, J.:

The evidence does not satisfy me that the title to this property was taken in the name of Sarah A. Satterly under any agreement or arrangement by which Charles A. Satterly could have compelled a conveyance to himself. There is no proof of any arrangement of that character. The proof, if it shows anything in that respect, shows that Charles W. Satterly placed the title in the name of Sarah…

2Cases cited2 opinions

  1. Roberge v. . BonnerNew York Court of Appeals · 1906
  2. McCartney v. TitsworthAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. Hall v. HyleNew York Supreme Court · 1912

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