In re the Judicial Settlement of the Accounts of White

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts of White

256 A.D. 892, 1939 N.Y. App. Div. LEXIS 9259

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

DecidedJanuary 11, 1939

StatusPublished

This text of 256 A.D. 892 (In re the Judicial Settlement of the Accounts of White) 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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In re the Judicial Settlement of the Accounts of White, 256 A.D. 892, 1939 N.Y. App. Div. LEXIS 9259 (N.Y. Ct. App. 1939).

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Opinion

Decree reversed on the facts, with costs, [893]*893and matter remitted to the Surrogate’s Court to enter a decree in accordance with the memorandum. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: The findings of the surrogate, upon which the decree is based, are against the weight of the evidence. The weight of the evidence is to the effect that the decedent was injured and believed he was going to die; that, as a result of his condition at that time, he later died and that, while in fear of death, he made a gift of his property to the two claimants and delivered two bank books and an insurance policy to them. The Surrogate’s Court should make and enter a decree awarding the property of the decedent to the claimants. All concur. (The decree settles the accounts of an administrator.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Decree reversed on the facts, with costs, [893]*893and matter remitted to the Surrogate’s Court to enter a decree in accordance with the memorandum. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: The findings of the surrogate, upon which the decree is based, are against the weight of the evidence. The weight of the evidence is to the effect that the decedent was injured and believed he was going to die; that, as a result of his condition at that time, he later died and that, while in fear of death, he made a gift of his property to the two claimants and delivered two bank books and an insurance policy to them. The Surrogate’s Court should make and enter a decree awarding the property of the decedent to the claimants. All concur. (The decree settles the accounts of an administrator.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

256 A.D. 892, 1939 N.Y. App. Div. LEXIS 9259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-accounts-of-white-nyappdiv-1939.