GILLETTE v. MADDEN


280 A.D. 161 (1952)

Raymond C. Gillette, Respondent, v. Grace B. Madden, Appellant

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

May 7, 1952.


Attorney(s) appearing for the Case

James E. Brearton for appellant.

Thomas C. McCabe and W. Joseph Shanley for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.


BERGAN, J.

We deal with the sufficiency of a complaint and accordingly we must accept as entirely true for our purposes the following facts: that the plaintiff's wife died December 15, 1950; that before August 9, 1950, she had owned a parcel of real property in Troy which on that date she conveyed without consideration to the defendant by warranty deed, executed in due form; that the wife continued to exercise "full dominion and control" over the property...

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