In re the Accounting of Granwell

Appellate Division of the Supreme Court of New York

In re the Accounting of Granwell

25 A.D.2d 824, 1966 N.Y. App. Div. LEXIS 4284

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

DecidedMay 10, 1966

StatusPublished

This text of 25 A.D.2d 824 (In re the Accounting of Granwell) 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 the Accounting of Granwell, 25 A.D.2d 824, 1966 N.Y. App. Div. LEXIS 4284 (N.Y. Ct. App. 1966).

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Opinion

Decree unanimously modified, on the law and on the facts, to the extent of deleting the first and second decretal paragraphs, and otherwise affirmed, without costs or disbursements to any party. Aetual intent to defraud is absent and since, as stipulated, decedent remained solvent after the questioned transfers, it is difficult to see on what basis they can be attacked. Accordingly, the imposition of personal liability on decedent’s transferee and executrix is improper. In other respects criticized the decree has our approval.

Concur — Botein, P. J., Rabin, McNally and Steuer, JJ.

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Decree unanimously modified, on the law and on the facts, to the extent of deleting the first and second decretal paragraphs, and otherwise affirmed, without costs or disbursements to any party. Aetual intent to defraud is absent and since, as stipulated, decedent remained solvent after the questioned transfers, it is difficult to see on what basis they can be attacked. Accordingly, the imposition of personal liability on decedent’s transferee and executrix is improper. In other respects criticized the decree has our approval.

Concur — Botein, P. J., Rabin, McNally and Steuer, JJ.

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Bluebook (online)

25 A.D.2d 824, 1966 N.Y. App. Div. LEXIS 4284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-granwell-nyappdiv-1966.