In re the Estate of Buhre — 244 N.Y. 552

Majority

p. 552

In the Matter of the Estate of Charles Buhre, Deceased. George Buhre, Respondent; Matilda Loh, Appellant.

Headnote

Decedent’s estate — executors and administrators —• gift —• proceeding for discovery and delivery of property belonging to estate — insufficiency of evidence to establish gift inter vivos.

Matter of Buhre, 216 App. Div. 822 , affirmed.

(Submitted December 3, 1926;

decided December 31, 1926.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1926, which affirmed a decree of the Kings County Surrogate’s Court directing delivery of personal property belonging to the estate of Charles Buhre, deceased, to the administrator in a proceeding under sections 205 and 206 of the Surrogate’s Court Act for

p. 553

the discovery and delivery of property. The appellant herein interposed an answer claiming a gift inter vivos of the property in question. The surrogate held that there was no sufficient evidence to establish such gift.

Edward J. Flanagan for appellant.

Quinto J. Porcella for respondent.

Order affirmed, with costs against appellant personally; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.