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Matter of Szklany

Appellate Division of the Supreme Court of New York, Second Department
Oct 29, 1951
279 App. Div. 615 (N.Y. App. Div. 1951)

Opinion

October 29, 1951.

Appeal from Surrogate's Court, Westchester County.

Present — Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ.


Decree, insofar as appealed from, unanimously affirmed, with costs, payable by appellant personally. While the declarations of decedent after the making of the mortgage are inadmissible for the purpose of defeating the claim of the mortgagee ( Lent v. Shear, 160 N.Y. 462, and cases cited pp. 469-470), declarations by the mortgagee that the mortgage was without consideration were competent proof as admissions against interest ( Baird v. Baird, 145 N.Y. 659, 666). The evidence of declarations by the mortgagee were sufficient to support the finding that the mortgage was without consideration. Being without consideration, the mortgage was unenforcible against the estate of the mortgagor. ( Matter of James, 146 N.Y. 78.)


Summaries of

Matter of Szklany

Appellate Division of the Supreme Court of New York, Second Department
Oct 29, 1951
279 App. Div. 615 (N.Y. App. Div. 1951)
Case details for

Matter of Szklany

Case Details

Full title:In the Matter of the Accounting of LUCY SZKLANY, as Executrix of ROSE…

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

Date published: Oct 29, 1951

Citations

279 App. Div. 615 (N.Y. App. Div. 1951)