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In re Kamp

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1938
255 App. Div. 707 (N.Y. App. Div. 1938)

Opinion

July 1, 1938.

Present — Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ.


From a decree of the Surrogate's Court, Queens county, awarding to the petitioners-respondents one-half of a share of the capital stock of Gasau Kamp, Inc., the appellant appeals. Decree unanimously affirmed, with costs to respondents, payable out of the estate. Although the letter (Petitioners' Exhibit 5) was inadmissible as hearsay ( Bookman v. Stegman, 105 N.Y. 621), the decree is fully sustained by the presumption that the partnership was upon an equal basis ( Ryder v. Gilbert, 16 Hun, 163) and the fact that the entire assets of the partnership were transferred to the corporation in exchange for all of its capital stock.


Summaries of

In re Kamp

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1938
255 App. Div. 707 (N.Y. App. Div. 1938)
Case details for

In re Kamp

Case Details

Full title:In the Matter of the Application of ELLEN R. KAMP and DOROTHY K…

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

Date published: Jul 1, 1938

Citations

255 App. Div. 707 (N.Y. App. Div. 1938)