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Krause v. Krause

259 A.D. 1057, 21 N.Y.S.2d 341
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 28, 1940
StatusPublished

This text of 259 A.D. 1057 (Krause v. Krause) 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
Krause v. Krause, 259 A.D. 1057, 21 N.Y.S.2d 341 (N.Y. Ct. App. 1940).

Opinions

Memorandum.

The referee’s findings that the transfers were illusory are contrary to and against the weight of the evidence. The transfers are present absolute transfers and the real property and personal property involved in this action are not part of the estate of Gustav Krause. (See Newman v. Dore, 275 N. Y. 371, and Murray v. Brooklyn Savings Bank, 258 App. Div. 132.)

All concur, except Cunningham and Harris, JJ., who dissent and vote for affirmance in an opinion by Harris, J. Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.

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Related

In Re the Accounting of Totten
71 N.E. 748 (New York Court of Appeals, 1904)
Newman v. Dore
9 N.E.2d 966 (New York Court of Appeals, 1937)
Murray v. Brooklyn Savings Bank
258 A.D. 132 (Appellate Division of the Supreme Court of New York, 1939)

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Bluebook (online)
259 A.D. 1057, 21 N.Y.S.2d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krause-v-krause-nyappdiv-1940.