Adee v. Hallett

3 Citing cases

  1. Bowron v. De Selding

    105 App. Div. 500 (N.Y. App. Div. 1905)   Cited 2 times

    The presumption is against the propriety of the transaction, and the onus of establishing the gift or bargain to have been fair, voluntary and well understood rests upon the party claiming, and this in addition to the evidence to be derived from the execution of the instrument conveying or assigning the property." (See, also, Barnard v. Gantz, 140 N.Y. 249; Case, 49 Hun, 83; Adee v. Hallett, 3 App. Div. 308; Kissam v. Squires, 102 id. 536.) Keeping the rule in mind and applying it to the facts of this case, it at once becomes apparent that the proof was insufficient to sustain a finding that Mrs. Banker intended to give the stock in question to the defendant.

  2. Rosevear v. Sullivan

    47 App. Div. 421 (N.Y. App. Div. 1900)   Cited 9 times
    In Rosevear v. Sullivan, 47 A.D. 421, the plaintiff, who was in a dependent condition to the defendants, conveyed to them her property in consideration of their oral promise to support her during her lifetime and to bury her after her death, and it was held by the Special Term that this created the presumption that the transaction was not fair and that such presumption of unfairness had not been removed by the evidence.

    Scarcely a shadow of the controlling fact governing the action of the learned court below is now before us, and we are required to give force and effect to such consideration. ( Adee v. Hallett, 3 App. Div. 308, 311; Marden v. Dorthy, 12 id. 176, 185; Bullion v. Bullion, 73 Hun, 437, 441; Siefke v. Siefke, 5 Misc. Rep. 406.) In the absence of affirmative error appearing in the record, the finding based thereon should receive sanction and support.

  3. Yax v. Yax

    125 Misc. 851 (N.Y. Sup. Ct. 1925)   Cited 17 times

    ( Jackson v. Moore, 94 A.D. 504, 507.) The vesting by Albert C. Yax of an estate by the entirety with himself to his wife in the Leroy avenue property; the deposit of the proceeds from the sale thereof in a joint account in the bank, and the reinvestment of those proceeds in the property sought to be partitioned as tenants by the entirety, constituted a valid, completed gift by the husband to the wife with love and affection as a valid consideration. ( Adee v. Hallett, 3 A.D. 308, 312.) "Notwithstanding the consideration was furnished entirely by the defendant when he put the property in the joint names of himself and his wife, there was created a gift to his wife of an estate by the entirety in said property, of which she could not thereafter be deprived without her consent."