In re McDonnell

Appellate Division of the Supreme Court of New York

In re McDonnell

236 A.D. 743

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

DecidedJuly 15, 1932

StatusPublished

This text of 236 A.D. 743 (In re McDonnell) 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 McDonnell, 236 A.D. 743 (N.Y. Ct. App. 1932).

Pincite

Opinion

Decree of the Surrogate’s Court of Queens county reversed on the law and the facts, with costs to appellants and respondent payable out of the estate. This court finds that there was no gift and that ownership of the property in question is in the estate. The intent to transfer ownership was not present in the mind of decedent at the time of delivery. The Surrogate’s Court is directed to enter a decree accordingly. Young, Carswell, Scudder and Tompkins, JJ., concur; Lazansky, P. J., concurs for reversal but votes for a new trial.

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Decree of the Surrogate’s Court of Queens county reversed on the law and the facts, with costs to appellants and respondent payable out of the estate. This court finds that there was no gift and that ownership of the property in question is in the estate. The intent to transfer ownership was not present in the mind of decedent at the time of delivery. The Surrogate’s Court is directed to enter a decree accordingly. Young, Carswell, Scudder and Tompkins, JJ., concur; Lazansky, P. J., concurs for reversal but votes for a new trial.

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Bluebook (online)

236 A.D. 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mcdonnell-nyappdiv-1932.