Shipman v. Words of Power Missionary Enterprises, Inc.
| Decision Date | 24 November 1976 |
| Citation | 54 A.D.2d 1052,388 N.Y.S.2d 721 |
| Parties | Sabria SHIPMAN, Appellant, v. WORDS OF POWER MISSIONARY ENTERPRISES, INC., et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Michael A. Manheim, Syracuse, for appellant.
Ingram & Ingram, Potsdam (Verner M. Ingram, J., Potsdam, of counsel), for respondents.
Before SWEENEY, J.P., and KANE, MAIN, LARKIN and HERLIHY, JJ.
Appeal from a judgment of the Supreme Court in favor of defendants, entered September 30, 1975 in St. Lawrence County, upon a decision of the court at a Trial Term, without a jury.
In this action, plaintiff sought to have a deed transferring title to real property from her to defendant Words of Power Missionary Enterprises, Inc., and subsequent deeds to the same property from the defendant-grantee, declared null and void on the ground of fraud. In the alternative, plaintiff sought a judgment granting reformation of the original deed which would include a reservation to her of a life estate in the subject property.
After a non-jury trial, the court found no fraud or mistake at the time of the transfer of the property, and granted judgment in favor of the defendants dismissing the complaint. From that judgment this appeal follows.
Plaintiff, while in her late 70's wrote to Lieutenant Governor Maddox of Georgia expressing a desire to benefit worthy Christian organizations in her will. He suggested two schools, and thereafter plaintiff executed a will making the two schools residuary legatees of her estate and naming as executor Dr. Charles Bishop, superintendent of defendant Bainbridge Christian Schools, Inc., and a director of defendant Words of Power Missionary Enterprises, Inc. Subsequent thereto, plaintiff offered, and Dr. Bishop accepted, a 220-acre farm in St. Lawrence County for one dollar and a life lease on the house and barns. Dr. Bishop came to New York State and met with plaintiff and her attorney. At the closing plaintiff executed the deed to the defendant Words of Power Missionary Enterprises, Inc., without any reservation of a life estate. Although plaintiff testified that her sight was poor and that she signed the deed without reading it, her attorney and Dr. Bishop testified that plaintiff did not want to retain a life estate. Her attorney further stated that the documents of Words of Power Missionary Enterprises, Inc., were passed around and the tax exempt status of the organization was discussed.
Plaintiff alleges that subsequently she discovered that the property was deeded to Words...
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People v. Lopez
...Miller, 291 N.Y. 55, 62, 50 N.E.2d 542; Larkin v. State of New York, 84 A.D.2d 438, 446 N.Y.S.2d 818; Shipman v. Words of Power Missionary Enterprises, 54 A.D.2d 1052, 388 N.Y.S.2d 721). Although we recognize the advantage possessed by the hearing court which saw and heard the witnesses, in......
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Maisto v. State
...488 N.Y.S.2d 665 [1985] ; Brooks v. State of New York, 68 A.D.2d 943, 944, 414 N.Y.S.2d 60 [1979] ; Shipman v. Words of Power Missionary Enters., 54 A.D.2d 1052, 1053, 388 N.Y.S.2d 721 [1976] ). However, that authority should not be exercised where the record is voluminous, complex issues a......
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Kaiser v. Fishman
...then this court must weigh the relative probative force of conflicting testimony and inferences (see, Shipman v. Words of Power Missionary Enter., 54 A.D.2d 1052, 388 N.Y.S.2d 721). "It is within the power of this court to grant the judgment which, upon the evidence, should have been grante......
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Fasano v. State
...may be drawn therefrom (see, Spano v. Perini Corp., 25 N.Y.2d 11, 302 N.Y.S.2d 527, 250 N.E.2d 31; Shipman v. Words of Power Missionary Enterprises, 54 A.D.2d 1052, 1053, 388 N.Y.S.2d 721). Following its assessment of the testimony, this court may render the judgment it finds warranted by t......