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Matter of Fox

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1917
180 App. Div. 909 (N.Y. App. Div. 1917)

Opinion

October, 1917.


The petitioner having shown the relationship between the parties and some illegal and improvident investments on the part of the trustee, the burden was upon the trustee to establish, by a fair preponderance of the evidence, that the settlement was made after a full revelation of the facts and a complete understanding on the part of the petitioner of her legal and equitable rights. For failure to apply this rule, the decree of the Surrogate's Court of Putnam county is reversed, and a new hearing ordered, with costs to the appellant to abide the final award of costs. Jenks, P.J., Stapleton, Mills, Putnam and Blackmar, JJ., concurred.


Summaries of

Matter of Fox

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1917
180 App. Div. 909 (N.Y. App. Div. 1917)
Case details for

Matter of Fox

Case Details

Full title:In the Matter of the Estate of GEORGE L. FOX, Deceased. GLADYS M.L…

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

Date published: Oct 1, 1917

Citations

180 App. Div. 909 (N.Y. App. Div. 1917)