MATTER OF LAWLESS


42 A.D.2d 1021 (1973)

In the Matter of John B. Lawless, as Executor of Violet I. Wicks, Deceased, Respondent. Betty L. Mortimore, Appellant; Attorney-General of the State of New York, Respondent

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

October 25, 1973


Claimant, a close friend of decedent, contends that decedent, about one month prior to her death, made an inter vivos gift to her of the funds in two bank accounts and the contents of a safe deposit box by constructive delivery of the bank books and key, items which claimant had in her possession subsequent to decedent's death. As found by the Surrogate, claimant failed to sustain her claim, being admittedly encumbered by the dead man's statute (CPLR 4519). The burden...

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