In re the Accounting of Libin

Botein, P. J. (dissenting).

In claims against decedent estates based on alleged oral agreements made with the decedent, the lips of the other party to the transaction are sealed in death. The law therefore requires, as a safeguard against spurious and manufactured claims that cannot readily be refuted, that proof of such claim be established by the clearest and most convincing evidence (Rosseau v. Rouss, 180 N. Y. 116; Robinson v. Munn, 238 N. Y. 40; Matter of Sherman, 227 N. Y. 350, 353; Matter of Block, 258 App. Div. 342).

In this case, the proof offered appears to me to fall far short of…