Legal Opinion

Adler v. Levene

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

Decided March 5, 1920PublishedCited by 9 opinions

Appeal by Emil Harry Adler, as administrator, etc., from a decree of the Surrogate’s Court of the county of Bronx, entered in the office of said court on the 17th day of June, 1919, made in proceedings for the discovery of assets of the decedent pursuant to sections 2675 and 2676 of the Code of Civil Procedure, directing the appellant to deliver to the respondents certain personal property.

1Opinion of the Court

Laughlin, J.:

The administrator presented to the Surrogate’s Court a petition describing two bank books, a policy of life insurance and three rings, alleged to be the property of the decedent but in the possession of the respondents Rose Levene, the mother of the decedent, and George Levene, her brother. They interposed separate answers claiming title to the bank books and insurance policy under completed gifts to them by the decedent and under gifts to them causa mortis by the decedent *41on the 19 th day of July, 1918, and the answer of the mother claimed title to the rings under a gift causa…

2Cases cited4 opinions

  1. Clift v. . MosesNew York Court of Appeals · 1889
  2. Griswold v. . HartNew York Court of Appeals · 1912
  3. Lewis v. . MerrittNew York Court of Appeals · 1885
  4. In re the Estate of AdlerNew York Surrogate's Court · 1919

3Cited by9 opinions

  1. In re the Estate of BeaganNew York Surrogate's Court · 1920
  2. In Re the Estate of KelseyAppellate Division of the Supreme Court of the State of New York · 1968
  3. In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
  4. In re the Estate of PenoNew York Surrogate's Court · 1927
  5. In re the Estate of DelapenhaNew York Surrogate's Court · 1941

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