Decree affirmed, with costs to respondent Lillian Cattanach payable out of the estate.
The record presents, primarily, a question of fact as to whether the claimed gift was made. In our opinion, the Surrogate's determination, namely: that respondent Lillian Cattanach had sustained the burden of proving the essential elements of a gift inter vivos, is supported by adequate proof (cf. Matter of Presender, 285 App. Div. 109, 118). We are also of the opinion...
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