Levy v. Salerno
Opinion of the Court
In a creditor’s action under article 7 of the Decedent Estate Law, the appeal is from a judgment dismissing the complaint on the merits after trial. Judgment unanimously affirmed, with costs. The proof in this ease establishes (a) that decedent, three months before his death, made a will bequeathing certain shares of stock and a diamond ring to respondents, his wife and daughter; (b) that several weeks thereafter, he “ transferred ” said stock to respondents and gave “ a certain diamond ring ” to his daughter; (c) that decedent died insolvent about two and a half months after making these transfers inter vivos, and (d) that decedent owed appellant $6,513.74 at the time he executed the will and at the time of his death, and that appellant received only $1,122.97 as his prorata share of decedent’s insolvent estate. We do not believe that, from the facts established, we can presume that the “ transfer ” of the stock and the gift of “ a certain diamond ring ” constituted advancements upon the legacies. In any event, we do not believe that section 170 of the Decedent Estate Law applies to property transferred
Case-law data current through December 31, 2025. Source: CourtListener bulk data.