MATTER OF MURRAY v. SMITH


155 A.D.2d 963 (1989)

In the Matter of Diane Murray, as Voluntary Administratrix of The Estate of Alexandra V. Smeaton, Also Known as Alice V. Smeaton, Deceased, Appellant, v. Joanne Smith et al., Respondents

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

November 15, 1989


Judgment unanimously affirmed without costs.

Memorandum:

The trial court properly permitted respondent Carl Smith to testify about a conversation with the deceased in which she told him that she intended to give respondent Joanne Smith a gift of funds from a savings account. The testimony was not barred by the Dead Man's Statute because there was no showing that Mr. Smith was "a person interested in the event" (CPLR 4519). A spouse of an interested party is...

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