MATTER OF KINCH


33 A.D.2d 221 (1970)

In the Matter of The Estate of Agnes A. Kinch, Deceased. Lawrence J. Adams, Appellant; Cunninda Smith et al., Respondents

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

January 15, 1970.


Attorney(s) appearing for the Case

Albrecht, Maguire, Heffern & Gregg (George M. Zimmermann and David R. Pfalzgraf of counsel), for appellant.

Cox, Barrell & Walsh (Kevin D. Cox of counsel), for Florence Kohl and another, respondents.

Hetzelt, Watson, McGarvey & Hetzelt for executors.

GOLDMAN, P. J., WITMER, GABRIELLI, MOULE and HENRY, JJ., concur.


Per Curiam.

Respondent Adams appeals from a decree of Erie County Surrogate's Court, which in an SCPA 2103 discovery proceeding, determined that items of jewelry, traveler's checks, cash and savings accounts in his possession were property of decedent's estate.

His claim that decedent had given the property to him is supported by testimony of his sister, Mrs. Smith, who would share in the property if the gift...

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