MATTER OF CREA


27 N.Y.2d 339 (1971)

In the Matter of The Estate of James H. Crea, Deceased. Catherine C. Cornelius, Coexecutor of James H. Crea, Deceased, Appellant; James T. Crea, Coexecutor of James H. Crea, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided January 6, 1971.


Attorney(s) appearing for the Case

William C. Farner for appellant.

Edward W. Kinney for respondent.

Judges BURKE, BREITEL and JASEN concur with Judge SCILEPPI; Judge BERGAN dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge GIBSON concur.


SCILEPPI, J.

We are called upon to determine whether certain transactions between testator and his son resulted in and remained an enforceable obligation which should have been included as an asset of the testator's estate.

On August 4, 1963 James H. Crea died testate leaving a will dated July 20, 1962 which has been duly probated and in which he bequeathed $20,000 to his daughter, the appellant, and...

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