Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Cohn

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

Decided May 2, 1919PublishedCited by 34 opinions

Appeal by Herbert Cohn and Frank Cohn, objectors, from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 13th day of July, 1918, judicially settling the accounts of the executrix of the last will and testament of Leopold Cohn, deceased, and also the accounts of the trustees under said will.

1Opinion of the Court

Shearn, J.:

This appeal involves the validity of a gift of certificates of stock, effected by the execution and delivery of an instrument of gift, unaccompanied by actual delivery of the certificates.

On September 20, 1911, the decedent, Leopold Cohn, a resident of the city of New York but then temporarily residing with his family at West End, N. J., wrote out and delivered to his wife, in the presence of his entire family, on his wife’s birthday, the following paper:

“ West End, N. J., Sept. 20,1911.
“ I give this day to my wife, Sara K. Cohn, as a present for her (46) forty-sixth birthday (500)…

2Cases cited12 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Ridden v. . ThrallNew York Court of Appeals · 1891
  3. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
  4. Gray v. . BartonNew York Court of Appeals · 1873
  5. In Re the Judicial Settlement of the Account of CrawfordNew York Court of Appeals · 1889

7 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Gruen v. GruenNew York Court of Appeals · 1986
  2. Parsons v. LipeNew York Supreme Court · 1933
  3. In re the Estate of MaijgrenNew York Surrogate's Court · 1948
  4. In re the Estate of PastoreNew York Surrogate's Court · 1935
  5. In re the Estate of ValentineNew York Surrogate's Court · 1924

29 more not listed; retrieve them via the Exa API.

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