Legal Opinion
In re the Estate of Alfieri
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1994PublishedCited by 5 opinions
1Opinion of the Court
—In a discovery proceeding pursuant to SCPA 2103 to recover the assets of a decedent’s estate, the petitioner appeals from a judgment of the Surrogate’s Court, Richmond County (D’Arrigo, S.), dated March 24, 1992, which after a hearing, dismissed the petition.
Ordered that the judgment is affirmed, with costs.
The evidence supports the finding of the Surrogate’s Court that the decedent’s acts were voluntary and not the result of fraud or undue influence. The transfer of the East River Savings Bank account to his sister was not illusory in nature (see, Krause v Krause, 285 NY 27; Newman v Dore,…
2Cases cited6 opinions
- Newman v. DoreNew York Court of Appeals · 1937
- Krause v. KrauseNew York Court of Appeals · 1941
- Sperber v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of BrookesAppellate Division of the Supreme Court of the State of New York · 1959
- In re the Estate of CollinsAppellate Division of the Supreme Court of the State of New York · 1961
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of ForgioneAppellate Division of the Supreme Court of the State of New York · 1997
- Forgione v. ForgioneAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of PaveseNew York Surrogate's Court · 2002
- Briggs v. BriggsNew York Supreme Court · 1999
- A.V.B. v. D.B.New York Supreme Court · 2014