Legal Opinion

In re the Estate of Pender

New York Surrogate's Court

Decided November 1, 1949PublishedCited by 1 opinion

1Opinion of the Court

McGarey, S.

In this discovery proceeding, petitioner seeks to examine respondent and to recover a series G United States Savings Bond and two bank accounts. Respondent denies knowledge or possession of the bank accounts and claims ownership of the bond. She also asserts, that a prior decree is res judicata as to the bond. The petitioner moves to strike out the defense of res judicata and for summary judgment on the issue of title *345asserting that a bond may not be the subject of an inter vivos gift. The motion for summary judgment is denied for the reasons indicated.

The decree in the prior…

2Cases cited6 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Griffen v. . KeeseNew York Court of Appeals · 1907
  3. Karameros v. LutherNew York Court of Appeals · 1938
  4. Donahue v. New York Life InsuranceNew York Court of Appeals · 1932
  5. Jasper v. . RozinskiNew York Court of Appeals · 1920

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3Cited by1 opinion

  1. In re the Estate of PucciNew York Surrogate's Court · 1958

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