Smith v. Stevens

Full title: SOPHIA S. SMITH, Appellant, v. OAKLAND J. STEVENS et al., Respondents

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

Date published: Sep 26, 1951

278 App. Div. 1042 (N.Y. App. Div. 1951)

Opinion

September 26, 1951.

Present — Taylor, P.J., Vaughan, Kimball, Piper and Wheeler, JJ.

Judgment affirmed, without costs of this appeal to any party.

All concur, except Vaughan and Piper, JJ., who dissent and vote for reversal and for granting a new trial, in the following memorandum:

We find no credible evidence in the record which justified the learned Official Referee in concluding that the appellant knowingly divested herself of her home and all her life's savings and turned the same over to her son without any understanding or agreement on the part of the son to support or maintain her for the remainder of her life. (Appeal from a judgment dismissing plaintiff's complaint in an action to cancel conveyance of realty and also to recover the amount of a bank account.)