Legal Opinion

In re Swade

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

Decided November 15, 1901Published

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

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Ridden v. . ThrallNew York Court of Appeals · 1891
  3. In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
  4. Grymes v. . HoneNew York Court of Appeals · 1872
  5. Harris v. . ClarkNew York Court of Appeals · 1849

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