Legal Opinion
In re Drew
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1964PublishedCited by 3 opinions
1Per curiam
This appeal is from a decree of Erie County Surrogate’s Court which directed appellants to restore to the administrators of decedent’s estate moneys withdrawn from her bank accounts by them about one month before she died. Appellants allege that decedent gave the bank accounts to them and the burden rests upon them to prove by a fair preponderance of evidence that decedent possessed sufficient mental capacity to make the gifts in question and that she.intended to *255make an absolute and complete present transfer of the subject matter of the gifts to them. (Matter of Pernisi, 285 App. Div. 1006,…
2Cases cited6 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Rix v. HuntAppellate Division of the Supreme Court of the State of New York · 1897
- Mutual Life Insurance v. HolleyNew York Court of Appeals · 1939
- In re the Estate of PernisiAppellate Division of the Supreme Court of the State of New York · 1955
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3Cited by3 opinions
- In re SwansonAppellate Division of the Supreme Court of the State of New York · 1985
- Phelps v. PhelpsAppellate Division of the Supreme Court of the State of New York · 2015
- Phelps v. PhelpsAppellate Division of the Supreme Court of the State of New York · 2015