Ferris v. Ferris
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs and the defendant from portions of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 21st day of April, 1898, upon the decision of the court rendered after a trial at the. Kings County Special Term.
Read the full summary
Cross-appeals by the plaintiffs and the defendant from portions of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 21st day of April, 1898, upon the decision of the court rendered after a trial at the. Kings County Special Term. The plaintiffs appeal from so much of said judgment as adjudges that they -are not entitled to any other or further relief than -is awarded therein, and the defendant appeals from every, other part of said judgment. The action was brought by the administrators of Mary A. Ferris, deceased, against her son…
1Per curiam
The learned judge at Special Term held in substance that the relation between the defendant and his mother in reference to the estate of her deceased husband was an agency involving an element of trust, the bare proof of which raised a presumption adverse to the releases, making it incumbent upon the son to show affirmatively, in the language of Cowee v. Cornell (75 N. Y. 91), “ that no deception was practiced, no undue influence used, and that all was fair.” He was of the opinion, however, that the defendant had sustained the burden of overcoming this presumption by the . evidence which he…
2Cases cited1 opinion
- Cowee v. . CornellNew York Court of Appeals · 1878
3Cited by2 opinions
- Irwin v. SimmonsCourt of Appeals for the Second Circuit · 1944
- Lefurgy v. LefurgyAppellate Division of the Supreme Court of the State of New York · 1918