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.
8 A.D.2d 823
In 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.
In re the Accounting of Schenna
8 A.D.2d 823
Case Details
8 A.D.2d 823
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