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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1941

StatusPublished

This text of 261 A.D. 1058 (In re Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

261 A.D. 1058, 26 N.Y.S.2d 685, 1941 N.Y. App. Div. LEXIS 8748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cohen-nyappdiv-1941.