In re the Estate of McMurdo

Appellate Division of the Supreme Court of New York

In re the Estate of McMurdo

56 A.D.2d 602, 391 N.Y.S.2d 468, 1977 N.Y. App. Div. LEXIS 10678

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

DecidedFebruary 15, 1977

StatusPublished

Cited by4 cases

This text of 56 A.D.2d 602 (In re the Estate of McMurdo) 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 McMurdo, 56 A.D.2d 602, 391 N.Y.S.2d 468, 1977 N.Y. App. Div. LEXIS 10678 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a discovery proceeding, the appeal is from a decree of the Surrogate’s Court, Rockland County, dated June 1, 1976, which, after a hearing, held that David McMurdo possessed certain moneys which belonged to the decedent’s estate and directed him to transfer the said funds into the administrators’ account. Decree affirmed, with costs to respondent payable personally by appellant. The record supports the determination of the Surrogate that there was no evidence of an intent on the decedent’s part to make a gift of the moneys. Moreover, the presumption created by section 675 of the Banking Law was rebutted by the showing that the decedent was housebound and probably reposed full trust in the son in whose home she was living (see Matter of Dziadzio, 31 Misc 2d 125). Such a showing was enough to shift the burden of proof to the appellant, a burden which he has not met (see Matter of Donleavy, 41 Misc 2d 28, 30). Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a discovery proceeding, the appeal is from a decree of the Surrogate’s Court, Rockland County, dated June 1, 1976, which, after a hearing, held that David McMurdo possessed certain moneys which belonged to the decedent’s estate and directed him to transfer the said funds into the administrators’ account. Decree affirmed, with costs to respondent payable personally by appellant. The record supports the determination of the Surrogate that there was no evidence of an intent on the decedent’s part to make a gift of the moneys. Moreover, the presumption created by section 675 of the Banking Law was rebutted by the showing that the decedent was housebound and probably reposed full trust in the son in whose home she was living (see Matter of Dziadzio, 31 Misc 2d 125). Such a showing was enough to shift the burden of proof to the appellant, a burden which he has not met (see Matter of Donleavy, 41 Misc 2d 28, 30). Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

56 A.D.2d 602, 391 N.Y.S.2d 468, 1977 N.Y. App. Div. LEXIS 10678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-mcmurdo-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack