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

Appellate Division of the Supreme Court of the State of New York·Decided June 28, 1939·Published

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.

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).

Pincite

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Opinion

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