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Matter of Brown

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1928
225 App. Div. 759 (N.Y. App. Div. 1928)

Opinion

December, 1928.


Decree of the Surrogate's Court of Westchester county modified by striking therefrom paragraphs marked "ninth" and "tenth," and by substituting in place thereof a provision that the "ninth" objection of the special guardian, and the "third" and "fourth" objections of the Central Union Trust Company of New York, as trustee, are disallowed. This court is of the opinion that the admissions of the testator that he had given the bank stock to his son, coupled with the surrounding circumstances, sufficiently evidenced a delivery of the subject of the gift. ( Matter of Wiemann, 220 App. Div. 276.) As so modified the decree is affirmed, with taxable costs to all parties, payable out of the estate. Rich, Seeger and Scudder, JJ., concur; Scudder, J., also votes to modify the "eighth" paragraph of the decree in so far as it sustains the "eighth" objection of the special guardian and that part of the "second" objection of the Central Union Trust Company of New York which refers to the check for $17,000, and to disallow said objections. Lazansky, P.J., and Young, J., dissent, being of opinion that as to the matters referred to in the "ninth" and "tenth" paragraphs of the decree there was not a valid gift. Settle order on notice.


Summaries of

Matter of Brown

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1928
225 App. Div. 759 (N.Y. App. Div. 1928)
Case details for

Matter of Brown

Case Details

Full title:In the Matter of the Judicial Settlement of the Intermediate Account of…

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

Date published: Dec 1, 1928

Citations

225 App. Div. 759 (N.Y. App. Div. 1928)