In re Swanson

— In a proceeding for discovery of property withheld from the decedent’s estate, petitioner appeals from a decree of the Surrogate’s Court, Westchester County (Brewster, S.), dated May 3, 1983, which dismissed the petition on the ground that respondent established a valid gift causa mortis.

Decree reversed, on the law and the facts, with costs payable by respondent personally, petition reinstated, and matter remitted to the Surrogate’s Court, Westchester County, for entry of a decree in accordance herewith.

The burden of proving a valid gift causa mortis as against an estate is upon the…