Legal Opinion

In re Lawless

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 1973PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a decree of the Surrogate’s Court of Ulster County, entered August 9, 1971, which denied a claim to certain property of decedent and adjudged the same to be assets of the estate. Claimant, a close friend of decedent, contends that decedent, about one month prior to her death, made an inter vivas gift to her of the funds in two bank accounts and the contents of a safe deposit box by constructive delivery of the bank books and key, items which claimant had in her possession subsequent to decedent’s death. As found by the Surrogate, claimant failed to sustain her claim, being…

2Cases cited3 opinions

  1. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
  2. Ward v. New York Life InsuranceNew York Court of Appeals · 1919
  3. In Re the Estate of ScherzingerNew York Court of Appeals · 1948

3Cited by5 opinions

  1. In re the Estate of GiacaloneAppellate Division of the Supreme Court of the State of New York · 1988
  2. In re the Estate of MastrianniAppellate Division of the Supreme Court of the State of New York · 1976
  3. Randall v. McGrathAppellate Division of the Supreme Court of the State of New York · 2008
  4. In re the Estate of HicksNew York Surrogate's Court · 1975
  5. In re MaierAppellate Division of the Supreme Court of the State of New York · 1983

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