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Matter of Hyams

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1923
205 App. Div. 893 (N.Y. App. Div. 1923)

Opinion

February, 1923.


Decree of the Surrogate's Court of Kings county as to the two Westinghouse bonds affirmed. We are of opinion that the treasury notes now held by the respondent were purchased with the proceeds of the securities withdrawn by respondent from the testator's custody account November 21, 1921, and that the learned surrogate erred in declining jurisdiction. He should have tried and determined the question as to whether the respondent had established a valid gift inter vivos of the securities in question. As to this issue the proceeding is remitted to the Surrogate's Court of Kings county to hear, try and determine the question as to whether there was a valid gift of the securities, without costs of this appeal to either party. Kelly, P.J., Rich, Jaycox, Kelby and Young, JJ., concur.


Summaries of

Matter of Hyams

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1923
205 App. Div. 893 (N.Y. App. Div. 1923)
Case details for

Matter of Hyams

Case Details

Full title:In the Matter of the Discovery of the Assets of the Estate of HENRY HYAMS…

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

Date published: Feb 1, 1923

Citations

205 App. Div. 893 (N.Y. App. Div. 1923)