In re the Estate of Hicks

Edward M. Horey, S.

The petition of the plaintiff, Sherman Smith, prays for a declaration of rights and interest in certain certificates of common stock of Texaco, Inc., Penzoil United, Inc. and Standard Oil Company to which both the plaintiff and the defendant claim title. The petition recites that the action is brought under SCPA 209 (subd 4) as well as under CPLR 3001 and that by virtue of SCPA 209 (subd 9).

In his petition the plaintiff asserts ownership to the securities by virtue of an alleged inter vivos gift allegedly made by the decedent, Harold Hicks, approximately three months prior…