MATTER OF LIBIN


7 A.D.2d 624 (1958)

In the Matter of the Accounting of Sally Libin, as Administratrix of The Estate of William Rubin, Deceased, Appellant. Albert D. Levin, Respondent

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

November 5, 1958


Decree so far as appealed from affirmed, with costs to claimant-respondent payable out of the estate.

BOTEIN, P. J. (dissenting).

In claims against decedent estates based on alleged oral agreements made with the decedent, the lips of the other party to the transaction are sealed in death. The law therefore requires, as a safeguard against spurious and manufactured claims that cannot readily be refuted, that proof of such claim be established by...

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