In re the Judicial Settlement of the Account of Proceedings of Van Volkenburgh

Proskauer, J. (dissenting).

The issue in this proceeding for an accounting is the sufficiency of the competent evidence to sustain the claim of the administratrix that certain securities were given to her by the intestate during his lifetime. I agree that there is sufficient evidence to sustain the finding of a gift of bonds of the town of Windsor, Hotel San Remo, $8,000 of New York city bonds, $10,000 Northern Pacific 3’s, and $10,000 of Central of Vermont bonds.

To sustain her contention with respect to the remainder of the securities, the administratrix must rely upon her own testimony of…