In re Cohen

Appellate Division of the Supreme Court of New York

In re Cohen

261 A.D. 1058, 26 N.Y.S.2d 685, 1941 N.Y. App. Div. LEXIS 8748

Procedural entryThis page is a short order in In re Cohen. Read the opinion of the Court — 265 A.D. 1029 →

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1941·Published

Opinion

Per Curiam.

Upon the present record the evidence preponderates in favor of the appellant and tends to establish a valid transfer made to enable him to support the infant child of the deceased. Under all the circumstances, however, we think there should be a new trial in order that the facts surrounding the transactions may be more fully developed.

The decree of the surrogate should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — O’Malley, Townley, Glennon, Untermyer and Cohn, JJ.

Decree unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Per Curiam.

Upon the present record the evidence preponderates in favor of the appellant and tends to establish a valid transfer made to enable him to support the infant child of the deceased. Under all the circumstances, however, we think there should be a new trial in order that the facts surrounding the transactions may be more fully developed.

The decree of the surrogate should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — O’Malley, Townley, Glennon, Untermyer and Cohn, JJ.

Decree unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

In re Cohen, 261 A.D. 1058, 26 N.Y.S.2d 685, 1941 N.Y. App. Div. LEXIS 8748 (N.Y. Ct. App. 1941).

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