Legal Opinion

Viggiani v. Favata

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

Decided June 29, 1939PublishedCited by 5 opinions

1Opinion of the CourtO’Malley, J.

In this submission of controversy plaintiff claims ownership of a bond and mortgage by virtue of a gift inter vivos. *347Defendants, executors of the last will and testament of the donor, contend that the gift is defective by reason of the absence of delivery to plaintiff, or to some person in his behalf, of the bond and mortgage or of the instrument of assignment under which plaintiff claims.

The agreed statement shows that the deceased donor, Enrico Viggiani, uncle of the plaintiff and his namesake, died in January, 1937, seized of property, title to which he had acquired in 1906, subject to a…

2Cases cited3 opinions

  1. Young v. . YoungNew York Court of Appeals · 1880
  2. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
  3. National Bank v. LevyNew York Court of Appeals · 1891

3Cited by5 opinions

  1. In Re the Estate of KelseyAppellate Division of the Supreme Court of the State of New York · 1968
  2. Speaker v. KeatingCourt of Appeals for the Second Circuit · 1941
  3. In re the Estate of FlamenbaumNew York Surrogate's Court · 1957
  4. Speaker v. KeatingDistrict Court, E.D. New York · 1941
  5. Speaker v. KeatingCourt of Appeals for the Second Circuit · 1941

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