Shakespeare v. . Markham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a decree of the surrogate of Monroe county upon final settlement of the accounts of William G. Markham as executor of the estate of Wayne Markham, deceased. The proceeding for a final accounting was at the instance of the said executor.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a decree of the surrogate of Monroe county upon final settlement of the accounts of William G. Markham as executor of the estate of Wayne Markham, deceased. The proceeding for a final accounting was at the instance of the said executor. His account presented for settlement credits the estate in all with the sum of $6,199.75. It credits the executor for funeral expenses paid, and for the expenses of administration, including twenty-nine dollars for counsel fees, the whole amounting to…
1Opinion of the CourtMiller, J.
Contracts claimed to have been entered into with aged or infirm persons, to be enforced after death to the detriment and the disinheriting of lawful heirs, who otherwise would be entitled to their estates, are properly regarded with grave suspicion by courts of justice, and should be closely scrutinized and only allowed to stand when established by the strongest evidence. More especially should this rule prevail when the contract is not in writing, rests entirely upon parol testimony, which is not very precise and somewhat uncertain, and is directly in conflict with the will of the deceased,…
2Cases cited5 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Stanton v. . MillerNew York Court of Appeals · 1874
- Tucker v. TuckerNew York Court of Appeals · 1868
- Martin v. Wright's AdministratorsNew York Supreme Court · 1835
- Lisk v. ShermanNew York Supreme Court · 1857
3Cited by73 opinions
- Owens v. McNallyCalifornia Supreme Court · 1896
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Winne v. . WinneNew York Court of Appeals · 1901
- Claim of Marcellus v. Estate of MarcellusNew York Court of Appeals · 1900
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