Appellate Division of the Supreme Court of New York, 1959

In re the Accounting of Schenna

In re the Accounting of Schenna
Appellate Division of the Supreme Court of New York · Decided June 8, 1959
8 A.D.2d 823; 1959 N.Y. App. Div. LEXIS 8342
In re the Accounting of Schenna

Opinion of the Court

Appeal from a decree of the Surrogate’s Court, Queens County, settling the account of respondent, an administratrix, and dismissing appellants’ objection to the failure of respondent to account for $10,000 received by her from the decedent prior to his death. Decree unanimously affirmed, with costs. On the record presented, respondent sustained the burden of establishing a gift inter vivas by a fair preponderance of the evidence. (Cf. Matter of Jennings, 259 App. Div. 822, affd. 283 N. Y. 677; Matter of Kive, 139 Misc. 273; Matter of Massey, 143 Misc. 794; Matter of Braun, 194 Misc. 791.) Present — Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.