Legal Opinion

In re the Estate of Fischer

New York Surrogate's Court

Decided February 28, 1936Published

1Opinion of the Court

Wingate, S.

The question here litigated concerns the relative priorities of two assignments of a legacy made by one Mae E. Wieman. The facts are undisputed. Prior to August, 1933, Charles W. Philipbar had performed various legal services for the legatee resulting in an indebtedness of the latter to him. In or about that month, George S. Fischer had a claim against the legatee which he was actively pressing. Philipbar, as attorney for Mrs. Wieman, negotiated with him respecting an adjustment of this claim, and induced him to accept an assignment of this legacy to the extent of $783.44 in…

2Cases cited26 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. Gregory v. ThomasNew York Supreme Court · 1838
  3. Constant v. . University of RochesterNew York Court of Appeals · 1888
  4. Thurber v. . ChambersNew York Court of Appeals · 1876
  5. Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900

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