In re Irving Trust Co.

Appellate Division of the Supreme Court of New York

In re Irving Trust Co.

256 A.D. 1074, 11 N.Y.S.2d 3, 1939 N.Y. App. Div. LEXIS 6194

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

DecidedApril 3, 1939

StatusPublished

Cited by2 cases

This text of 256 A.D. 1074 (In re Irving Trust Co.) 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.

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In re Irving Trust Co., 256 A.D. 1074, 11 N.Y.S.2d 3, 1939 N.Y. App. Div. LEXIS 6194 (N.Y. Ct. App. 1939).

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Opinion

Order of the Surrogate’s Court of Kings county granting reargument and, in substance, denying petitioners-appellants’ motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements to each party or group of parties filing briefs, payable out of the estate. The petition and answer tender an issue which should be tried. In the opinion of this court no presumption exists by reason of the relation existing between the parties at the time the paper writing was made and delivered. (Matter of Rogers, 250 App. Div. 26.) The burden of pleading inequality, fraud or overreaching is upon the widow. The burden of proof on the whole case is upon the petitioners-appellants, and the widow is not required to go forward with evidence unless and until the petitioners-appellants have made out a prima fade case under the pleadings as they now stand. (Murray v. Narwood, 192 N. Y. 172.) Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur. [166 Mise. 636.]

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Order of the Surrogate’s Court of Kings county granting reargument and, in substance, denying petitioners-appellants’ motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements to each party or group of parties filing briefs, payable out of the estate. The petition and answer tender an issue which should be tried. In the opinion of this court no presumption exists by reason of the relation existing between the parties at the time the paper writing was made and delivered. (Matter of Rogers, 250 App. Div. 26.) The burden of pleading inequality, fraud or overreaching is upon the widow. The burden of proof on the whole case is upon the petitioners-appellants, and the widow is not required to go forward with evidence unless and until the petitioners-appellants have made out a prima fade case under the pleadings as they now stand. (Murray v. Narwood, 192 N. Y. 172.) Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur. [166 Mise. 636.]

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Bluebook (online)

256 A.D. 1074, 11 N.Y.S.2d 3, 1939 N.Y. App. Div. LEXIS 6194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-irving-trust-co-nyappdiv-1939.

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