MATTER OF VOGES


276 A.D. 982 (1950)

In the Matter of The Estate of Frederick Voges, Deceased. President and Directors of the Manhattan Company, as Executor of Frederick Voges, Deceased, et al., Respondents; Fred W. Voges, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 27, 1950.


Decree reversed on the law and the facts, with costs to appellant, and petition dismissed, with costs to appellant; all costs to be payable out of the estate.

The finding of the Surrogate that there was no gift of the stock certificate is not sustained by competent evidence. In our opinion, the evidence required a finding that there was a valid gift inter vivos from decedent to appellant. Evidence of declarations of the donor made after the gift was improperly...

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