Darling v. Halsey

New York Supreme Court

Darling v. Halsey

2 Abb. N. Cas. 105

DecidedDecember 15, 1876

StatusPublished

This text of 2 Abb. N. Cas. 105 (Darling v. Halsey) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Darling v. Halsey, 2 Abb. N. Cas. 105 (N.Y. Super. Ct. 1876).

Pincite

Opinion

Brady, J.

In this matter the demand was resisted, I think, unreasonably. The claims of the plaintiff on the estate were recognized by the testatrix and referred to in her will, as stated on the argument. This incident withdraws this case from the general rule applicable to similar proceedings, and warrants an award of costs and an allowance to be paid out of the estate. The defendants could have by proper inquiry established, doubtless, the amount of the claim, which alone was disputed, if indeed anything was in controversy. The claim was not gainsaid by any proof, and the plaintiff should not be subjected to the expense of proving her rights. Costs and an allowance of $25 granted.

Ordered accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Brady, J.

In this matter the demand was resisted, I think, unreasonably. The claims of the plaintiff on the estate were recognized by the testatrix and referred to in her will, as stated on the argument. This incident withdraws this case from the general rule applicable to similar proceedings, and warrants an award of costs and an allowance to be paid out of the estate. The defendants could have by proper inquiry established, doubtless, the amount of the claim, which alone was disputed, if indeed anything was in controversy. The claim was not gainsaid by any proof, and the plaintiff should not be subjected to the expense of proving her rights. Costs and an allowance of $25 granted.

Ordered accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

2 Abb. N. Cas. 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darling-v-halsey-nysupct-1876.