Brandt v. Brandt — 151 N.Y.S. 1106

Majority

p. 1106

BRANDT, Appellant, v. BRANDT, Respondent.

(Supreme Court, Appellate Division, Second Department.

January 22, 1915.)

Headnote

Action by Annette Brandt, an infant, etc., against Edward A. A. Brandt, as executor, etc., and others.

Judgment affirmed, with costs. The failure of appellant to file exceptions to the conclusions of law is fatal to the maintenance of this appeal. People v. Journal Co., 213 N. Y. 1 , 106 N. E. 759 . But, assuming that the witnesses were competent to testify, upon the merits the judgment was right. The character of the evidence in support of plaintiff’s claim is not that clear and convincing proof from disinterested witnesses which is necessary to establish against the executors of a deceased person such a contract as plaintiff seeks to enforce in this action.

Cases cited

People v. Journal Co. 213 N. Y. 1 N.Y. 1914-11-10 at 106 p. 1106