In re the Estate of Crockett

Appellate Division of the Supreme Court of New York

In re the Estate of Crockett

247 A.D.2d 286, 668 N.Y.S.2d 620, 1998 N.Y. App. Div. LEXIS 1550

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

DecidedFebruary 19, 1998

StatusPublished

This text of 247 A.D.2d 286 (In re the Estate of Crockett) 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 Estate of Crockett, 247 A.D.2d 286, 668 N.Y.S.2d 620, 1998 N.Y. App. Div. LEXIS 1550 (N.Y. Ct. App. 1998).

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Opinion

Order, Surrogate’s Court, New York County (Renee Roth, S.), entered May 19, 1997, which, in a proceeding to determine ownership of certain personal property in respondent estate’s possession, denied movant’s motion for summary judgment, unanimously affirmed, without costs.

Movants, the corporation in which the decedent was the majority shareholder and the minority shareholder to whom the decedent bequeathed his stock, rely on inventory records, undated and untitled, that do not on their face reflect that the subject property, antique furniture, was owned by the decedent’s business and not by the decedent personally. While the individual movant’s affidavit seeks to bridge that gap, the proof as a whole does not conclusively rebut the presumption of ownership in the decedent raised by the location of the furniture in his home at the time of his death (see, Benjamin v Benjamin, 106 AD2d 599, 600, affd 65 NY2d 756), and supported by the affidavit of the corporate movant’s accountant that items of furniture in the decedent’s residence were never treated as corporate inventory and that the corporation owed the decedent money.

Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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Order, Surrogate’s Court, New York County (Renee Roth, S.), entered May 19, 1997, which, in a proceeding to determine ownership of certain personal property in respondent estate’s possession, denied movant’s motion for summary judgment, unanimously affirmed, without costs.

Movants, the corporation in which the decedent was the majority shareholder and the minority shareholder to whom the decedent bequeathed his stock, rely on inventory records, undated and untitled, that do not on their face reflect that the subject property, antique furniture, was owned by the decedent’s business and not by the decedent personally. While the individual movant’s affidavit seeks to bridge that gap, the proof as a whole does not conclusively rebut the presumption of ownership in the decedent raised by the location of the furniture in his home at the time of his death (see, Benjamin v Benjamin, 106 AD2d 599, 600, affd 65 NY2d 756), and supported by the affidavit of the corporate movant’s accountant that items of furniture in the decedent’s residence were never treated as corporate inventory and that the corporation owed the decedent money.

Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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Bluebook (online)

247 A.D.2d 286, 668 N.Y.S.2d 620, 1998 N.Y. App. Div. LEXIS 1550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-crockett-nyappdiv-1998.

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