In re Kelly

Appellate Division of the Supreme Court of New York

In re Kelly

252 A.D. 887, 300 N.Y.S. 139, 1937 N.Y. App. Div. LEXIS 6686

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

DecidedNovember 29, 1937

StatusPublished

This text of 252 A.D. 887 (In re Kelly) 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 Kelly, 252 A.D. 887, 300 N.Y.S. 139, 1937 N.Y. App. Div. LEXIS 6686 (N.Y. Ct. App. 1937).

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Opinion

Order of the Surrogate’s Court of Kings county, confirming the report of the referee and directing John Sinosich to turn over certain bank books in the name of the decedent, reversed on the law and the facts, with costs to appellant, payable out of the fund, motion to confirm the report denied, and matter remitted to the Surrogate’s Court to make a decree awarding the property to appellant. The evidence sufficiently established that a gift causa mortis of the six savings bank books in question had been made by the decedent to appellant. Appeal from referee’s report dismissed. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Order of the Surrogate’s Court of Kings county, confirming the report of the referee and directing John Sinosich to turn over certain bank books in the name of the decedent, reversed on the law and the facts, with costs to appellant, payable out of the fund, motion to confirm the report denied, and matter remitted to the Surrogate’s Court to make a decree awarding the property to appellant. The evidence sufficiently established that a gift causa mortis of the six savings bank books in question had been made by the decedent to appellant. Appeal from referee’s report dismissed. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

252 A.D. 887, 300 N.Y.S. 139, 1937 N.Y. App. Div. LEXIS 6686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kelly-nyappdiv-1937.