Roberts v. Jossen

Decree entered September 22,1981 in Surrogate’s Court, New York County (Marie M. Lambert, S.), unanimously reversed, to the extent appealed from, on the law and the facts, and the respondents are directed to turn over the proceeds of the certificate of deposit to the estate, with interest computed at the statutory rate for the period from February 1,1975 to July 31,1979, with costs to all parties filing briefs, payable out of the estate. 11 At issue is whether respondent has met her heavy burden of proving, by clear and convincing evidence, an inter vivos gift of the $200,000 certificate of…