Majority
p. 823In the Matter of the Accounting of Anna Schenna, as Administratrix of the Estate of John Schenna, Sr., Deceased, Respondent. John Schenna, Jr., et al., Appellants.
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.
Cases cited
- In re the Estate of Jennings 283 N. Y. 677 p. 823
- In re the Estate of Kive 139 Misc. 273 p. 823
- In re the Estate of Massey 143 Misc. 794 p. 823
- In re the Estate of Braun 194 Misc. 791 p. 823