27 N.Y.S. 494 | N.Y. Sup. Ct. | 1894
The defendant is the public administrator of the county of Kings, and as such became possessed of certain bonds and mortgages, which he claims as a portion of the personal property of John Caufield, deceased. The plaintiff is the executor of Bridget Caufield, the widow of John Caufield, and he claims the bonds and mortgages as the property of his testatrix by virtue of a gift causa mortis from John Caufield. This action was brought for the recovery of such bonds and mortgages. A trial was had before a judge without a jury, and he found the evidence sufficient to sustain the gift of one of the bonds and mortgages, known as the “Calhoun Mortgage,” and insufficient to sustain a gift of the others. Judgment has been entered upon such decision, from which the defendant has appealed, but the plaintiff has not appealed.
The sole question, therefore, involved upon this appeal, has reference to the ownership of the Calhoun bond and mortgage only. We find the evidence sufficient to sustain the findings of the trial