145 Misc. 703 | N.Y. Sur. Ct. | 1932
The motion to set aside the special verdict of the jury is denied. The jury -found, in answer to the special question submitted, that the decedent did not make an absolute gift of his insurance business to the respondent Mildred Lowenstein, his stepdaughter. The evidence in the case amply justified that finding. The respondent relied upon the testimony of three witnesses who
The entire record discloses that her claim of a gift was an afterthought, designed to secure the assets of the estate for herself and to prevent them from passing to "the persons mentioned as residuary legatees in the will — the widow and two children of the decedent.
The finding of the jury and the decision of the surrogate thereon are equivalent to an interlocutory decree in an accounting proceed
This matter is, therefore, set for a further hearing on the 1st day of June, 1932, at eleven A. M., before the surrogate without a jury, to take testimony upon the moneys which may have been diverted by the respondents, and any other property and funds in their possession belonging to the estate or for which they may be accountable under section 206 of the Surrogate’s Court Act. The respondents are directed to appear personally on that day.
Submit intermediate decree in accordance with this decision, which may contain a reservation for the making of a supplemental decree fixing the amount due from the respondents to the estate.