Baker v. Allyn

Appellate Division of the Supreme Court of New York

Baker v. Allyn

257 A.D. 1033, 14 N.Y.S.2d 492, 1939 N.Y. App. Div. LEXIS 8969

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1033 (Baker v. Allyn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Allyn, 257 A.D. 1033, 14 N.Y.S.2d 492, 1939 N.Y. App. Div. LEXIS 8969 (N.Y. Ct. App. 1939).

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Opinion

Judgment affirmed, with costs. Memorandum: The finding that the wills in question here were not mutual, irrevocable wills is supported by the clear weight of the evidence. Plaintiffs’ complaint was properly dismissed. (See Rastetter v. Hoenninger, 214 N. Y. 66, and Wallace v. Wallace, 216 id. 28.) All concur. (The judgment dismisses the complaint in an action to establish a contract to make a will.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment affirmed, with costs. Memorandum: The finding that the wills in question here were not mutual, irrevocable wills is supported by the clear weight of the evidence. Plaintiffs’ complaint was properly dismissed. (See Rastetter v. Hoenninger, 214 N. Y. 66, and Wallace v. Wallace, 216 id. 28.) All concur. (The judgment dismisses the complaint in an action to establish a contract to make a will.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 1033, 14 N.Y.S.2d 492, 1939 N.Y. App. Div. LEXIS 8969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-allyn-nyappdiv-1939.

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