Scherer v. Hyland

Defendant, the Administrator ad litem, of the Estate of Catherine Wagner, appeals from an Appellate Division decision, one judge dissenting, affirming a summary judgment by the trial court holding that Ms. Wagner had made a valid gift causa mortis of a check to plaintiff. We affirm.

The facts are not in dispute. Catherine Wagner and the plaintiff, Robert Scherer, lived together for approximately fifteen years prior to Ms. Wagner’s death in January 1974. In 1970, the decedent and plaintiff were involved in an auto mobile accident in which decedent suffered facial wounds and a broken hip.…