Legal Opinion
In re the Estate of Tremaine
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 1989PublishedCited by 4 opinions
1Opinion of the Court
Yesawich, Jr., J.
Appeal from an order of the Surrogate’s Court of Broome County (Thomas, S.), entered July 22, 1988, which adjudicated certain personal property as belonging to respondents.
Petitioner, as executrix of decedent’s estate, commenced this proceeding pursuant to SCPA 2103 to recover the contents of decedent’s home. Respondents assert that decedent made an inter vivos gift of the property to them.
At a nonjury trial, respondent Neal Maddy (hereinafter respondent) testified that decedent was his uncle by marriage because decedent had married respondent’s blood aunt. Respondent…
2Cases cited3 opinions
- Harrington v. . SchillerNew York Court of Appeals · 1921
- Rubin v. KurzmanDistrict Court, S.D. New York · 1977
- In re the Estate of FrenchAppellate Division of the Supreme Court of the State of New York · 1959
3Cited by4 opinions
- Miller v. Lu-WhitneyAppellate Division of the Supreme Court of the State of New York · 2009
- Giles v. Schuyler-Chemung-Tioga Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 1993
- In re BarabashAppellate Division of the Supreme Court of the State of New York · 2011
- Trotti v. Estate of BuchananAppellate Division of the Supreme Court of the State of New York · 2000