In re Swade
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Dutchess county. In the matter of the final and judicial settlement of-the account of Catharine A. Swade as administratrix of Sarah M. Swade, deceased.. Prom a decree of the surrogate court settling the account, one of the heirs appeals.
1Opinion of the CourtJenks, J.
Sarah M. Swade, the alleged donor, was a spinster between 6o and 70 years of age. For 25 years she and her unmarried sister, Catharine, the alleged donee, had lived alone on a farm owned in common by them and their sole surviving sister, who was married. Sarah Swade died intestate, leaving surviving her the said two sisters, nephews, and a niece, who alone attacks the alleged gift. It does not appear that she left any creditors. I state these circumstances as they may be considered in determining “the intent and the fact of the delivery.” Cooper v. Burr, 45 Barb. 9; Porter v. Gardner, *103160…
2Cases cited21 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Ridden v. . ThrallNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Grymes v. . HoneNew York Court of Appeals · 1872
- Harris v. . ClarkNew York Court of Appeals · 1849
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