Lefurgy v. Lefurgy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Maria B. Lefurgy, individually and as executrix, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 4th day of March, 1915, upon the decision of the court after a trial at the Westchester Special Term. The judgment decreed that .certain savings bank accounts standing in the name of the appellant executrix be transferred and paid to the plaintiff administrator.
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Appeal by the defendant, Maria B. Lefurgy, individually and as executrix, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 4th day of March, 1915, upon the decision of the court after a trial at the Westchester Special Term. The judgment decreed that .certain savings bank accounts standing in the name of the appellant executrix be transferred and paid to the plaintiff administrator. The amounts of the deposits involved are: Home Savings Bank, White Plains, $1,488.76; Peoples Savings Bank, Yonkers, $2,304.31;…
1Opinion of the Court
Kelly, J.:
The learned trial judge held that the decedent Elizabeth had technical testamentary capacity at the time the transfers were made, but that she was of weak mind, queer, eccentric and advanced in years, and that her cousin Leonard, defendant’s testator, occupied a fiduciary relation towards her. ■ If Leonard were now living, the burden would rest upon him of showing that the transfers were freely made and that the transactions so far as his conduct was concerned were fair and honest, and the court held that the same burden was on defendant, his widow and executrix. The legal…
2Cases cited4 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Donlon v. DonlonAppellate Division of the Supreme Court of the State of New York · 1912
- Ferris v. FerrisNew York Supreme Court · 1898
- Ferris v. FerrisAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Irwin v. SimmonsCourt of Appeals for the Second Circuit · 1944