Eidt v. Eidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Christine Eidt and others, from an interlocutory judgment of - the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of- New York on the 23d day of May, 1910, upon the. decision of the court rendered after a trial at the New York Special Term in an action brought for the partition of certain real-estate.
1Opinion of the Court
Dowling, J.:
Jacob Eidtj Jr., was engaged in the hay and grain business in the city of New York. He had been ill for ten or twelve days, and was taken to Flower Hospital on March 23,1908, for medical treatment. About eleven o’clock in the evening, while lying on the operating table and evidently realizing the gravity of the approaching operation, he dictated his will to his brother, John C. Eidt, which the latter wrote upon the back of a hospital form, he having no prior experience in the drawing of wills. The writing took about half an hour, and some four hours thereafter the testator died.…
2Cases cited7 opinions
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Central Trust Co. v. . EglestonNew York Court of Appeals · 1906
- In Re the Probate of the Will of DisneyNew York Court of Appeals · 1907
- Starr v. . StarrNew York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Estate of KavanaghNew York Surrogate's Court · 1928
- In re a Construction of the Last Will & Testament of WeissNew York Surrogate's Court · 1925
- In re the Probate of the Last Will & Testament of SweeneyNew York Surrogate's Court · 1923
- Hulburt v. SoutherlandAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of DzwoniarekNew York Surrogate's Court · 1932
1 more not listed; retrieve them via the Exa API.