Decree unanimously modified, on the facts and on the law, to the extent of substituting the sum of $10,000 for the sum of $7,000, provided therein and as modified is affirmed, without costs.
The parties concede that the total sum involved is $10,000. The Surrogate found that a gift had not been established and his determination was fully justified by the proof. In the light of the Surrogate's finding, it was error to direct the return of only $7,000 out of the total...
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