In re the Estate of McKay

Appellate Division of the Supreme Court of New York

In re the Estate of McKay

282 A.D. 744, 122 N.Y.S.2d 926, 1953 N.Y. App. Div. LEXIS 4856

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

DecidedJune 29, 1953

StatusPublished

This text of 282 A.D. 744 (In re the Estate of McKay) 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 McKay, 282 A.D. 744, 122 N.Y.S.2d 926, 1953 N.Y. App. Div. LEXIS 4856 (N.Y. Ct. App. 1953).

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Opinion

In a discovery proceeding brought by executors to recover shares of corporate stock, it appears that the stock certificates, together with separate assignment instruments signed by the decedent, were in the possession of appellant, testator’s widow. After trial, the Surrogate held, on the fact that the shares remained registered on the corporate books in the decedent’s name, and on other facts and circumstances established by the evidence, that appellant had failed to carry the burden of proving a gift. Order of the Surrogate’s Court, Westchester County, unanimously affirmed, with costs to respondents, payable out of the estate. No opinion. Present — Nolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ. [See post, p. 841.]

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In a discovery proceeding brought by executors to recover shares of corporate stock, it appears that the stock certificates, together with separate assignment instruments signed by the decedent, were in the possession of appellant, testator’s widow. After trial, the Surrogate held, on the fact that the shares remained registered on the corporate books in the decedent’s name, and on other facts and circumstances established by the evidence, that appellant had failed to carry the burden of proving a gift. Order of the Surrogate’s Court, Westchester County, unanimously affirmed, with costs to respondents, payable out of the estate. No opinion. Present — Nolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ. [See post, p. 841.]

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Bluebook (online)

282 A.D. 744, 122 N.Y.S.2d 926, 1953 N.Y. App. Div. LEXIS 4856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-mckay-nyappdiv-1953.