Legal Opinion

In re Versailles Foundation, Inc.

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

Decided March 24, 1994PublishedCited by 2 opinions

1Opinion of the Court

Decree, Surrogate’s Court, New York County (Renee Roth, S.), entered on or about June 4, 1993, which denied petitioner’s application to compel respondent executor’s delivery of specific property pursuant to SCPA 2105, unanimously affirmed, without costs.

We agree with the Surrogate that the decedent’s personal letters to petitioner’s not-for-profit officers, thanking them for luncheons and various forms of entertainment, are not clear and convincing evidence of a contract by the decedent to bequeath the subject property to petitioner (see, Matter of De Lano, 41 AD2d 880, 880-881), i.e., "that…

2Cases cited4 opinions

  1. Frankenberger v. SchnellerNew York Court of Appeals · 1932
  2. Cohoes Memorial Hospital v. MosseyAppellate Division of the Supreme Court of the State of New York · 1966
  3. In re the Accounting of BrownNew York Surrogate's Court · 1949
  4. In re the Probate of the Will of De LanoAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by2 opinions

  1. In Re 375 Park Avenue Associates, Inc.United States Bankruptcy Court, S.D. New York · 1995
  2. Paul & Irene Bogoni Foundation v. St. Bonaventure UniversityAppellate Division of the Supreme Court of the State of New York · 2010

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