MATTER OF TREMAINE


156 A.D.2d 862 (1989)

In the Matter of The Estate of Hugh C. Tremaine, Deceased. Ruth Briggs, as Executrix of Hugh C. Tremaine, Deceased, Appellant; Neal Maddy et al., Respondents

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

December 21, 1989


Yesawich, Jr., J.

Petitioner, as executrix of decedent's estate, commenced this proceeding pursuant to SCPA 2103 to recover the contents of decedent's home. Respondents assert that decedent made an inter vivos gift of the property to them.

At a nonjury trial, respondent Neal Maddy (hereinafter respondent) testified that decedent was his uncle by marriage because decedent had married respondent's blood aunt. Respondent described the close relationship...

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