1 N.Y.S. 832 | N.Y. Sup. Ct. | 1888
We are not able to agree with appellants that the evidence in support of plaintiff’s case is vague or unsatisfactory; on the contrary, it is so-full and convincing that, in our opinion, a verdict might properly have been, ordered for plaintiff. The testatrix, a lady of wealth, estranged from her family for years, suffering from a painful disease that must speedily prove - fatal, might well contract to give to her favorite niece a dwelling-house, on condition that a home should be there created for her -benefit and during her lifetime. It also appears that in her conversations the testatrix said “Elvira.