Burdick v. . Burdick
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered August 5, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. No errors were committed upon the trial in the admission or exclusion of evidence.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered August 5, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. No errors were committed upon the trial in the admission or exclusion of evidence. (Clift v. Moses, 112 N. Y. 426; Tooley v. Bacon, 70 N. Y. 34; People v. Wilkinson, 14 N. Y. Supp. 827; Daniels v. Patterson, 3 N. Y. 47; Matter of Bateman, 145 N. Y. 623; Smethurst v. Proprietors,…
1Opinion of the Court
Cullen, Ch. J.
The action was brought by the plaintiff as a son and heir at law of Winslow M. Burdick, deceased, to set aside a deed of certain real property in the city of Brooklyn executed by said Burdick to his daughter-in-law, the defendant Mary E. Burdick, as obtained by fraud and undue influence while the said grantor was of unsound mind. The trial court found that the value of the real estate was $12,000, subject to a mortgage for the sum of $5,000; the consideration mentioned in the deed was the sum of $250 ; that the grantor at the time of the conveyance was in feeble health and of…
2Cases cited4 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- In Re the Probate of the Will of BernseeNew York Court of Appeals · 1894
- In Re the Probate of the Last Will & Testament of DunhamNew York Court of Appeals · 1890
3Cited by4 opinions
- Griswold v. . HartNew York Court of Appeals · 1912
- Mariana v. FisherCourt of Appeals for the Third Circuit · 2003
- Griswold v. HartAppellate Division of the Supreme Court of the State of New York · 1911
- O'Marr v. McLeanNew York Supreme Court · 1929