Legal Opinion

Dubitsky v. Schlacter

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

Decided June 25, 1970PublishedCited by 4 opinions

1Opinion of the Court

Judgment unanimously affirmed, with costs. Memorandum: The judgment appealed from voided' a deed made by the mother of the parties whereby she conveyed a one-half interest in certain realty to defendant. In affirming we state our views of the pertinent legal principles. We do not embrace the conclusion of the trial court that the gift of the one-half interest was one to take effect at the death of the mother. A gift causa mortis of realty is not recognized. (25 N. Y. Jur., Gifts, §§ 3, 32; Butler v. Sherwood, 114 Misc. 483, affd. 196 App. Div. 603, affd. 233 N. Y. 655). McCarthy v. Pieret…

2Cases cited6 opinions

  1. Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
  2. McCarthy v. PieretNew York Court of Appeals · 1939
  3. Butler v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1921
  4. Butler v. . SherwoodNew York Court of Appeals · 1922
  5. Butler v. SherwoodNew York Supreme Court · 1921

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Brousseau v. BrousseauSupreme Court of Vermont · 2007
  2. Brousseau v. BrousseauSupreme Court of Vermont · 2007
  3. In re VoyiatgisAppellate Division of the Supreme Court of the State of New York · 2013
  4. In re VoyiatgisAppellate Division of the Supreme Court of the State of New York · 2013

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