Legal Opinion

In re the Accounting of Ryan

New York Surrogate's Court

Decided May 8, 1958Published

1Opinion of the Court

Christopher C. McGrath, S.

The objections to the account of the deceased executor are determined as follows:

“ la ” and “ 6b Sustained. The estate owns 50% of the stock of the Ragusa Realty Corp. and the testator’s widow owns the remaining 50%.

“ lb ”, “ 2 ”, “ 3 ”, “ 8a ”: The bond and mortgage in the joint names of the testator and his wife on the premises situated in Bronx County became the property of the wife upon the death of the testator. The proof shows that the testator’s funds furnished the consideration for this mortgage. As a result, a presumption arose that the testator intended his…

2Cases cited4 opinions

  1. In Re the Estate of BlumenthalNew York Court of Appeals · 1923
  2. Belfanc v. BelfancAppellate Division of the Supreme Court of the State of New York · 1937
  3. Belfanc v. BelfancNew York Court of Appeals · 1938
  4. Howell, Exr. v. KlineSuperior Court of Pennsylvania · 1944

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