Opinion
March 25, 1952.
Present — Cohn, J.P., Callahan, Van Voorhis, Shientag and Foster, JJ.
In our opinion the evidence warranted a judgment setting aside the conveyances to defendant of the parcels of property described as "A", "C" and "D" in the complaint. We find that the execution of the deeds conveying these properties was obtained at times when the deceased was under opiates and incapable of understanding the true nature of the transactions or forming an intent to make valid gifts. We further find that the transfers were illusory and void, and that there was no sufficient delivery of the deeds of said properties and no valid gifts. We affirm so much of the judgment for defendant as relates to parcel "B" described in the complaint. The defendant's interest in this property was acquired at a different time and under different circumstances. Judgment unanimously modified in accordance herewith and, as so modified, affirmed, with costs to the appellants. Settle order on notice containing appropriate findings.