Claim of Cotter v. Estate of Dignan

Appellate Division of the Supreme Court of New York

Claim of Cotter v. Estate of Dignan

222 A.D. 789

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

DecidedDecember 15, 1927

StatusPublished

This text of 222 A.D. 789 (Claim of Cotter v. Estate of Dignan) 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

Claim of Cotter v. Estate of Dignan, 222 A.D. 789 (N.Y. Ct. App. 1927).

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Opinion

Decree reversed and matter remitted to the Surrogate’s Court for further proceedings, with costs to the appellant to abide the event, on the ground that the claimant was incompetent to testify under section 347 of the Civil Practice Act, as to the amount previously paid her by the testator, without which there is no basis upon which to determine the value of any services rendered, and further on the ground that she was incompetent to testify under the section mentioned as to her work being performed for the testator, as to- data received from the testator, as to his handwriting, as to his making up bills which claimant copied and as to payments not having been made by the testator for her service. (Griswold v. Hart, 205 N. Y. 384; Matter of Kelly, 238 id. 71; McCarthy v. Woolston, 210 App. Div. 152; Walize v. Morton, 219 id. 632.) All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.

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Decree reversed and matter remitted to the Surrogate’s Court for further proceedings, with costs to the appellant to abide the event, on the ground that the claimant was incompetent to testify under section 347 of the Civil Practice Act, as to the amount previously paid her by the testator, without which there is no basis upon which to determine the value of any services rendered, and further on the ground that she was incompetent to testify under the section mentioned as to her work being performed for the testator, as to- data received from the testator, as to his handwriting, as to his making up bills which claimant copied and as to payments not having been made by the testator for her service. (Griswold v. Hart, 205 N. Y. 384; Matter of Kelly, 238 id. 71; McCarthy v. Woolston, 210 App. Div. 152; Walize v. Morton, 219 id. 632.) All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.

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222 A.D. 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cotter-v-estate-of-dignan-nyappdiv-1927.

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