White v. . Hicks
New York Court of Appeals
Appeal from á judgment of the Supreme Court. The action was brought to recover legacies bequeathed to the plaintiffs by the last will and testament of Eliza H. H. Eieben, deceased. The only question presented relates to a legacy of $50,000 to Pierre Eieben, the husband of the testatrix; and the right to recover that sum depends upon the question whether the will was a valid appointment of that amount, under a power contained in the will of her father, Samuel Hicks.
Read the full summary
Appeal from á judgment of the Supreme Court. The action was brought to recover legacies bequeathed to the plaintiffs by the last will and testament of Eliza H. H. Eieben, deceased. The only question presented relates to a legacy of $50,000 to Pierre Eieben, the husband of the testatrix; and the right to recover that sum depends upon the question whether the will was a valid appointment of that amount, under a power contained in the will of her father, Samuel Hicks. The facts are as follows: Samuel Hicks died in November, 1837, having in the preceding month made his last will and testament, by…
1Opinion of the Court
Dehio, Oh. J.
The evidence- of the- declarations of Mrs. Eieben, that she intended by her will to dispose of the $50,000 which she had authority by her father’s will to bequeath, was inadmissible upon the plainest principles. A will must be wholly in writing and cannot be added to or explained by any parol communications. If, therefore, the issues in this case had been tried by a jury, and there had been no agreement respecting the evidence, we should have been obliged to order a new trial on account of the erroneous rulings by which the incompetent evidence was received. But I am of opinion…
2Cited by49 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Funk v. EgglestonIllinois Supreme Court · 1879
- Lockwood v. . MildebergerNew York Court of Appeals · 1899
- Farnum v. Pennsylvania Co. for Insurance on Lives & Granting AnnuitiesNew Jersey Court of Chancery · 1916
- Hutton v. . BenkardNew York Court of Appeals · 1883
44 more not listed; retrieve them via the Exa API.