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Vail v. Widner

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1926
218 App. Div. 859 (N.Y. App. Div. 1926)

Opinion

December, 1926.


Judgment and orders reversed upon the law and the facts, and a new trial granted, costs to abide the event. We are of opinion that, upon the face of plaintiff's Exhibit 7, title to the fund in question was apparently in defendant, appellant, and that this was not overcome by the evidence adduced. We are also of opinion that, under authority of Kings County Trust Co. v. Hyams ( 242 N.Y. 405), it was error not to permit defendant to testify to the conversation had with her mother, the decedent, when she was requested by the latter to sign said exhibit. Jaycox, Manning, Kapper and Lazansky, JJ., concur; Kelly, P.J., dissents and votes to affirm.


Summaries of

Vail v. Widner

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1926
218 App. Div. 859 (N.Y. App. Div. 1926)
Case details for

Vail v. Widner

Case Details

Full title:GERTRUDE E. VAIL, as Executrix, etc., of MARY E. AUWELL, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1926

Citations

218 App. Div. 859 (N.Y. App. Div. 1926)