Brightman v. Rice

Appellate Division of the Supreme Court of New York

Brightman v. Rice

259 A.D. 978, 20 N.Y.S.2d 1019, 1940 N.Y. App. Div. LEXIS 7507

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

DecidedMay 22, 1940

StatusPublished

This text of 259 A.D. 978 (Brightman v. Rice) 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

Brightman v. Rice, 259 A.D. 978, 20 N.Y.S.2d 1019, 1940 N.Y. App. Div. LEXIS 7507 (N.Y. Ct. App. 1940).

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Opinion

-Decree affirmed, without costs of this appeal to either party. All concur, except Dowling, J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that the finding of abandonment is contrary to and against the weight of the evidence. (The decree denies the application of the petitioner and adjudges that he is not entitled to elect to take a share of the estate of defendant’s testatrix as in intestacy.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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-Decree affirmed, without costs of this appeal to either party. All concur, except Dowling, J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that the finding of abandonment is contrary to and against the weight of the evidence. (The decree denies the application of the petitioner and adjudges that he is not entitled to elect to take a share of the estate of defendant’s testatrix as in intestacy.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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Bluebook (online)

259 A.D. 978, 20 N.Y.S.2d 1019, 1940 N.Y. App. Div. LEXIS 7507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brightman-v-rice-nyappdiv-1940.