Morgan v. . Sanborn
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 8, 1916, affirming a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 8, 1916, affirming a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It having been definitely decided by the Appellate Division that the agreement was made between Josiah Waller and his wife Melissa, the court has power to direct that its terms be carried out by the executor of Melissa, the survivor. (Edson v.…
1Opinion of the CourtAndrews, J.
Josiah and Melissa Waller were husband and wife and childless, their nearest relatives being brothers and sisters and their children. On September 19th, 1910, they each executed a will, giving all of their property to the other. The appellants claim that this was done under an agreement that the survivor should execute a will disposing of the entire property constituting both estates by distributing the same among the next of kin of the husband and wife, the distribution to be made in sums according to the judgment of the survivor. Mr. Waller died on February 12th, 1911, "and his estate —…
2Cases cited8 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Wood v. . MitchamNew York Court of Appeals · 1883
- Allen v. BrombergSupreme Court of Alabama · 1906
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3Cited by37 opinions
- Doyle v. FischerWisconsin Supreme Court · 1924
- Menke v. DuweSupreme Court of Kansas · 1924
- Caravaggio v. Retirement Board of the Teachers' Retirement SystemNew York Court of Appeals · 1975
- Kurz v. United StatesDistrict Court, S.D. New York · 1957
- Clements v. JonesSupreme Court of Georgia · 1928
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