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MATTER OF SHINE

4 A.D.2d 1026 (1957)

In the Matter of The Estate of Timothy J. Shine, Deceased. Nathaniel Reich et al., as Executors of Timothy J. Shine, Deceased, Appellants; James C. Kiernan, Respondent

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

December 17, 1957

MEMORANDUM BY THE COURT.

Accepting the testimony of witnesses on behalf of the petitioner, we are of the opinion that such testimony indicates not merely an intention on the part of the decedent to make a gift to the petitioner, but that such gift had actually been made.

Accordingly, the decree and the order appealed from should be affirmed.

VALENTE, J. (dissenting).

The court is sustaining an inter vivos gift of $100,000...

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