Opinion
May, 1935.
Appeal from Surrogate's Court of Clinton County.
Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ.
Witnesses on behalf of appellant testified that on the evening of decedent's death said decedent said: "I guess the end is about here. You had better take the ring," and thereupon handed the ring to his brother Philip, the appellant. The testimony in behalf of the administrator, given by the attending physician, is to the effect that decedent was at the time irrational and not in such a mental condition as to permit him to make a gift of the ring. Decree unanimously affirmed, with costs to all parties filing briefs, payable out of the estate.