68 N.Y.S. 406 | N.Y. App. Div. | 1901
There is no dispute between the parties hereto but that the defendant makes out a clear right to the substitution for which - it asks, except in this one particular, to wit: That the grounds- upon which Nettie M. White bases hér claim to be an heir at law of the deceased do not present any reasonable foundation for such- claim. It is not pretended that Nettie M. White bears any relation by" blood or affinity to the deceased. Her claim is based entirely upon the theory that in the year 1870, when she was an infant of about four years of age,, a paroi agreement was made between "her father and the deceased, by virtue of which she was received into the family of deceased as his daughter, and thenceforth, until her marriage, she bore his name, was introduced by him, educated, and in all respects treated by him as such daughter, and on her part rendered
The order must, therefore, be affirmed, with ten dollars costs and disbursements. •
All concurred.
Order affirmed, with ten-dollars costs and disbursements.