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In re Love

58 A.D.2d 555 Court N.Y. App. Div. Decision date 1977-06-28 English

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p. 556
In the Matter of Stanley Love et al., as Executors of Minerva Love, Deceased, Appellants. Jane L. Lee, as Executrix of Minerva Love, Deceased, Respondent.

— Decree, Surrogate’s Court, New York County, entered on January 6, 1977, affirmed on the opinion of Midonick, S., without costs and without disbursements. Concur — Lupiano, J. P., Birns and Markewich, JJ.; Silverman, J., dissents in part in the following memorandum: I would reverse the decree of the Surrogate insofar as he finds that there were valid inter vivos gifts made by decedent to respondent, her daughter. I do not think the evidence met the standard of clear and convincing evidence that is required to establish such gifts by a decedent.