In re the Discovery of the Assets of the Estate of Lane

Appellate Division of the Supreme Court of New York

In re the Discovery of the Assets of the Estate of Lane

235 A.D. 796

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

DecidedApril 15, 1932

StatusPublished

This text of 235 A.D. 796 (In re the Discovery of the Assets of the Estate of Lane) 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 the Discovery of the Assets of the Estate of Lane, 235 A.D. 796 (N.Y. Ct. App. 1932).

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Opinion

Decree of the Surrogate’s Court of Queens county reversed on the law and the facts, with costs to both parties, payable out of the estate, on the ground that the assignments of the mortgages, duly executed, and the testimony and circumstances attending their delivery to the appellant, establish a valid gift inter vivos. All findings inconsistent herewith are reversed, and we find as facts that the assignments of the mortgages were given and delivered to Emma D. Reeve by Benjamin F. Lane with the intent and purpose on his part of making a gift inter vivos; and that his acts were free from any undue influence. The matter is remitted to the Surrogate’s Court to enter a decree accordingly. Lazansky, P. J., Kapper, Tompkins and Davis, JJ., concur; Hagarty, J., dissents.

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Decree of the Surrogate’s Court of Queens county reversed on the law and the facts, with costs to both parties, payable out of the estate, on the ground that the assignments of the mortgages, duly executed, and the testimony and circumstances attending their delivery to the appellant, establish a valid gift inter vivos. All findings inconsistent herewith are reversed, and we find as facts that the assignments of the mortgages were given and delivered to Emma D. Reeve by Benjamin F. Lane with the intent and purpose on his part of making a gift inter vivos; and that his acts were free from any undue influence. The matter is remitted to the Surrogate’s Court to enter a decree accordingly. Lazansky, P. J., Kapper, Tompkins and Davis, JJ., concur; Hagarty, J., dissents.

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Bluebook (online)

235 A.D. 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-discovery-of-the-assets-of-the-estate-of-lane-nyappdiv-1932.