Claim of Sherman v. Estate of Sherman
New York Surrogate's Court
Proceedings by claimant to establish an agreement upon the part of testatrix to devise ber farm to him and his brother in consideration of their making improvements thereon and paying a certain debt owed by testatrix.
1Opinion of the Court
Comstock, S.
That claimant has established an agreement on the part of testatrix to devise her farm to him and his brother Calvin, in consideration of their making improvements thereon and paying her debt to Lydia Sherman, there can be no doubt. To be sure there is no direct testimony as to'such agreement, but several witnesses swear that they each, at different times, heal’d testatrix sa.y that she had made such an arrangement with them, who are not only uncontradicted, but Calvin, himself, who is one of the executors and sole devisee, although on the stand as a witness and examined at length…
2Cases cited10 opinions
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
- Quackenbush v. EhleNew York Supreme Court · 1849
- Williams v. CraryNew York Supreme Court · 1830
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3Cited by4 opinions
- Olsen v. HaganWashington Supreme Court · 1918
- Young v. YoungSupreme Court of Iowa · 1917
- In re the Estate of DawkinsNew York Surrogate's Court · 1952
- In re the Estate of DowningAppellate Court of Illinois · 1925