In re the Estate of Cardilla
This text of 124 A.D.2d 802 (In re the Estate of Cardilla) 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.
Opinion
We find that the evidence adduced at trial sufficiently supports the Surrogate’s determination that the decedent authorized the creation of a Totten Trust in favor of the respondent (see, Matter of Carroll, 100 AD2d 337, 338-339; Rametta v Kazlo, 68 AD2d 579; Matter of Van Alstyne, 207 NY 298, 306). We also find no basis in the record to disturb the Surrogate’s finding that the decedent had the mental capacity to create the trust (see, Matter of Poggemeyer, 87 AD2d 822). Mollen, P. J., Brown, Niehoff and Kooper, JJ., concur.
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Cite This Page — Counsel Stack
124 A.D.2d 802, 508 N.Y.S.2d 979, 1986 N.Y. App. Div. LEXIS 62122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-cardilla-nyappdiv-1986.