MATTER OF PANETTIERE


41 A.D.2d 965 (1973)

In the Matter of The Estate of Joseph Panettiere, Deceased. Anthony Panettiere et al., Appellants; Angiolina Panettiere as Coadministrator of The Estate of Joseph Panettiere, Deceased, Respondent

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

May 29, 1973


Decree reversed, on the law and the facts, without costs, and the two coadministrators are directed to execute the necessary documents transferring the corporate stock certificates in question to the decedent's children of his prior marriage pursuant to the agreement of March 12, 1966.

In our opinion, the agreement of sale of the stock was neither an illusory transfer, since the decedent thereby retained only a life estate and no power of revocation (Krause v....

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