In re the Estate of Kalman

Appellate Division of the Supreme Court of New York

In re the Estate of Kalman

276 A.D.2d 1062

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

DecidedApril 11, 1950

StatusPublished

This text of 276 A.D.2d 1062 (In re the Estate of Kalman) 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 Kalman, 276 A.D.2d 1062 (N.Y. Ct. App. 1950).

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Opinion

Per Curiam.

There is insufficient competent or credible proof in the record to warrant a determination that appellant had the sum of $1,500 belonging to the estate of decedent. However, we think there is evidence to justify a finding that appellant has in her possession belonging to the estate the sum of $708.20 which admittedly she received from decedent by withdrawing such sum from his bank account during his lifetime. Appellant’s claim that such sum was turned over to decedent at the hospital before his death was not satisfactorily established. Decree modified, without costs, by directing that appellant deliver to executrix the sum of $708.20 with interest. Settle order.

Glennon, J. P., Cohn, Callahan, Yan Yoorhis and Shientag, JJ., concur. Decree unanimously modified by directing that appellant deliver to executrix the sum of $708.20 with interest and, as so modified, affirmed, without costs. Settle order on notice.

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Per Curiam.

There is insufficient competent or credible proof in the record to warrant a determination that appellant had the sum of $1,500 belonging to the estate of decedent. However, we think there is evidence to justify a finding that appellant has in her possession belonging to the estate the sum of $708.20 which admittedly she received from decedent by withdrawing such sum from his bank account during his lifetime. Appellant’s claim that such sum was turned over to decedent at the hospital before his death was not satisfactorily established. Decree modified, without costs, by directing that appellant deliver to executrix the sum of $708.20 with interest. Settle order.

Glennon, J. P., Cohn, Callahan, Yan Yoorhis and Shientag, JJ., concur. Decree unanimously modified by directing that appellant deliver to executrix the sum of $708.20 with interest and, as so modified, affirmed, without costs. Settle order on notice.

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Bluebook (online)

276 A.D.2d 1062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-kalman-nyappdiv-1950.