In re Final Account of Swade
Appellate Division of the Supreme Court of the State of New York
Appeal by Annis Swade, one of the next of kin of Sarah M. Swade, deceased, from a decree of the Surrogate’s Court of the county of Dutchess, entered in said Surrogate’s Court on the 21st day of November, 1900, finally and judicially settling the accounts of Catharine A. Swade, as administratrix, etc., of Sarah M. Swade, deceased.
1Opinion of the Court
Jenks, J.:
Sarah M. Swade, the alleged donor, was a spinster between sixty and seventy years of age. For twenty-five years she and her unmarried sister Catharine, the alleged donee, had lived alone on a farm owned in common by them and their sole surviving sister, who was married. Sarah Swade died intestate, leaving surviving her the said two sistei's, nephews and several nieces, one of whom alone attacks the alleged gift. It does not appear that she left any creditors. I state these circumstances as they may be considered in determining “ the intent to give and the fact as to delivery.”…
2Cases cited18 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Ridden v. . ThrallNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Grymes v. . HoneNew York Court of Appeals · 1872
- Harris v. . ClarkNew York Court of Appeals · 1849
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Uribe v. MERCHS. BANK OF NYNew York Court of Appeals · 1998
- In re the Estate of AdlerNew York Surrogate's Court · 1919
- Aubrey's Adm'x v. KentCourt of Appeals of Kentucky (pre-1976) · 1942
- Flint v. VarneySupreme Court of Iowa · 1935
- Daley v. MichaelAppellate Division of the Supreme Court of the State of New York · 1923
2 more not listed; retrieve them via the Exa API.