In Re the Estate of Housman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 13, 1918, modifying and affirming as modified a decree of the Richmond County Surrogate’s Court in a proceeding for discovery instituted under section 2675 of the Code of Civil Procedure by the executor of Jacob I. Housman, deceased. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtChase, J.
The personal property in controversy was concededly owned by the testator in his lifetime and prior to and until his marriage on February 18, 1916. He died March 21 of the same year. The presumption is that his ownership continued. The burden of estab fishing a gift by the testator rested on the appellant. The appellant made affidavit on March 17 that there had never been any talk between herself and husband of a financial provision for her. Even assuming as claimed by her that the affidavit should be read as of March 9, the question whether a valid gift was made as claimed by her between…
2Cases cited4 opinions
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
- Andrews v. . CohenNew York Court of Appeals · 1917
- Hall v. . O'BrienNew York Court of Appeals · 1916
3Cited by46 opinions
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
- Ruppert v. Secretary of the United States Department of Health & Human ServicesDistrict Court, E.D. New York · 1987
- In Re the Estate of KelseyAppellate Division of the Supreme Court of the State of New York · 1968
- In re the Estate of DavisNew York Surrogate's Court · 1927
- In re GoodchildNew York Surrogate's Court · 1936
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