In re the Estate of Canfield
Appellate Division of the Supreme Court of the State of New York
Appeal by Ella K. Canfield from a decree of the Surrogate’s Court of the county of Orange, entered in the office of said Surrogate’s Court on the 6th day of April, 1916, adjudging certain notes to be part of the assets of this estate.
1Opinion of the Court
Stapleton, J.:
The testator, who died on March 6, 1915, was, shortly before his death, the owner of six promissory notes and of a certificate which entitled him to a municipal bond. They were in the custody of his widow. Under section 2615 of the Code of Civil Procedure, the executor of his will petitioned the Surrogate’s Court for a decree directing the widow to deliver them to him. The petition alleged ownership in the testator. The answer denied it. The widow set up an affirmative claim to ownership. She did not allege a gift inter vivos; but to sustain her claim of ownership she attempted…
2Cases cited3 opinions
- Grey v. . GreyNew York Court of Appeals · 1872
- In re Account of ManhardtAppellate Division of the Supreme Court of the State of New York · 1897
- Judson v. HatchAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by29 opinions
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
- In re BucklerAppellate Division of the Supreme Court of the State of New York · 1929
- In Re the Estate of KelseyAppellate Division of the Supreme Court of the State of New York · 1968
- In re the Estate of DavisNew York Surrogate's Court · 1927
- In re the Estate of CoferNew York Surrogate's Court · 1923
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