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SMALDONE v. DE VIVO

278 A.D. 616 (1951)

Edward J. Smaldone et al., as Executors of Maria F. De Vivo, Deceased, Respondents, v. Pasquale De Vivo, Appellant

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

January 16, 1951.

MEMORANDUM BY THE COURT.

Defendant Pasquale De Vivo was the husband of Maria F. De Vivo, now deceased. On October 14, 1947, there was presented to the wife's bank a draft dated four days before and purported to bear the wife's signature by an X mark witnessed by the husband and his lawyer, for $12,562.50 payable to the husband. The draft was paid. The action by the wife's executors for the recovery of this money was tried by both sides on the issue of the wife's mental...

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