MATTER OF POLIZZO


308 N.Y. 517 (1955)

In the Matter of the Accounting of Joseph Polizzo, as Committee of The Estate of Minnie Polizzo, an Incompetent. Harrison B. Wright, Individually and as Executor of Joseph Polizzo, Deceased, et al., Respondents; Agnes W. Tymann, as Administratrix of The Estate of Minnie Polizzo, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided May 26, 1955


Attorney(s) appearing for the Case

William B. Hoffman for appellant.

Harrison B. Wright, in person, and Robert F. Tomlin for Harrison B. Wright, respondent.

FULD, FROESSEL and VAN VOORHIS, JJ., concur with DESMOND, J.; BURKE, J., dissents in an opinion in which CONWAY, Ch. J., and DYE, J., concur.


DESMOND, J.

When Minnie (sometimes called Amelia or Amelia Anna) Wigger married Joseph Polizzo in 1917, she owned in her own right and her own name a $20,000 bond and mortgage. Shortly after her marriage she assigned the bond and mortgage to one Bautz, an attorney, the stated consideration being $100, and at the same time Bautz, for an expressed consideration of $100 "paid by JOSEPH POLIZZO and AMELIA ANNA POLIZZO...

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