In re the Estate of Housman
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by Percival S. Jones, as executor, and Lulu Belle Housman, from a decree of the Surrogate’s Court of the county of Richmond, entered' in the office of said Surrogate’s Court on the 9th day of April, 1917, which adjudged that the decedent, Jacob I. Housman, had made a gift inter vivos to the respondent, Lulu Belle Housman, his wife, of certain articles of personal property therein described, and directed the said respondent to deliver to the said petitioner, as.…
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Cross-appeals by Percival S. Jones, as executor, and Lulu Belle Housman, from a decree of the Surrogate’s Court of the county of Richmond, entered' in the office of said Surrogate’s Court on the 9th day of April, 1917, which adjudged that the decedent, Jacob I. Housman, had made a gift inter vivos to the respondent, Lulu Belle Housman, his wife, of certain articles of personal property therein described, and directed the said respondent to deliver to the said petitioner, as. executor of the last will and testament of the said Jacob I. Housman, deceased, certain other articles described in the…
1Opinion of the Court
Blackmar, J.:
The Court of Appeals has so often and vigorously stated the rule regarding the character and amount of evidence necessary to sustain gifts or other contracts whereby the estates of decedents are depleted, that it would seem unnecessary to repeat it. The contract, if not in writing, should be proved by disinterested witnesses, and the evidence must be definite, clear and convincing. (Holt v. Tuite, 188 N. Y. 17; Ide v. Brown, 178 id. 26; Hamlin v. Stevens, 177 id. 39; Shakespeare v. Markham, 72 id. 400; Wallace v. Wallace, 158 App. Div. 273; affd., 216 N. Y. 28.) The rule should…
2Cases cited3 opinions
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Holt v. . TuiteNew York Court of Appeals · 1907
- Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by11 opinions
- In re the Estate of DavisNew York Surrogate's Court · 1927
- In RE COLLINSON ESTATE v. McNuttIndiana Supreme Court · 1953
- In re the Estate of KugelNew York Surrogate's Court · 1948
- McCallum v. PickensNew York Supreme Court · 1925
- Hindus v. NewburgerAppellate Division of the Supreme Court of the State of New York · 1951
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