In re the Estate of Cardwell
This text of 268 A.D. 514 (In re the Estate of Cardwell) 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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We find in this record, free of any suggestion of connivance or overreaching, all three of the elements essential to the establishment of a gift causa mortis as enumerated in Grymes v. Hone (49 N. Y. 17). The testimony of the agent of the donor to the effect that he handed the envelope containing the bankbook to the donee, prior to the death of the donor, is sufficient to establish delivery. The wish of the donee that the physical custody of the bankbook remain where it was, pending the termination of the illness of the donor, in no way destroys the effect of the delivery. .
The decree appealed from should be reversed, with costs to the appellant, and the bankbook adjudged the property of the appellant.
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Cite This Page — Counsel Stack
268 A.D. 514, 52 N.Y.S.2d 69, 1944 N.Y. App. Div. LEXIS 3207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-cardwell-nyappdiv-1944.