DUBITSKY v. SCHLACTER


34 A.D.2d 1093 (1970)

Anita Dubitsky, Individually and as Executrix of Anna Schlacter, Deceased, Respondent, v. Louis Schlacter, Appellant

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

June 25, 1970


Judgment unanimously affirmed, with costs.

Memorandum:

The judgment appealed from voided a deed made by the mother of the parties whereby she conveyed a one-half interest in certain realty to defendant. In affirming we state our views of the pertinent legal principles. We do not embrace the conclusion of the trial court that the gift of the one-half interest was one to take effect at the death of the mother. A gift causa mortis of realty is not recognized...

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