In re the Estate of Vitelli

Wingate, S.

This is a proceeding instituted by the administrator of Rose Vitelli, also known as Rosa De Sapio, respecting the withholding of certain property alleged to be in the possession of Mrs. Marisanino Giordino.

The decedent was shot and mortally wounded on May 20, 1930, by a brother-in-law, who had tried to induce her to elope with him. She died in Bellevue Hospital on May 24, 1930. The answer interposed by the respondent alleged that the property in question had been given to her by the decedent under circumstances establishing a gift causa mortis.

Fourteen witnesses were examined on…