MATTER OF RUTHERFORD


133 A.D.2d 634 (1987)

In the Matter of The Estate of Dorothy Rutherford, Deceased. Maxine Holmes, Respondent; Joseph Alleyne, Appellant

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

October 5, 1987


Ordered that the order is affirmed, with costs payable by the appellant personally.

The petitioner brought this proceeding before the Surrogate seeking the turnover of an automobile that had been seized by the appellant in his capacity as administrator of the decedent Dorothy Rutherford's estate. The petitioner claimed that she was entitled to possession and ownership of the car because the decedent had made a gift of it to her prior to her death. The appellant administrator...

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