MATTER OF SMITH


171 A.D.2d 666 (1991)

In the Matter of Ruth E. Smith, Deceased. Bruce C. McGregor, Jr., as Executor of Ruth E. Smith, Deceased, Appellant; Robert W. Morgan, Respondent

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

March 4, 1991


Ordered that the decree is modified, on the law, by deleting from the first decretal paragraph thereof the words: "and the $5,000.00 loaned to the defendant by the decedent" and substituting therefor a provision declaring that the loan of $5,000 is a valid debt due and owing to the estate; as so modified the decree is affirmed, without costs or disbursements.

We find that evidence of conversations with the decedent regarding her gift of certain United States Treasury...

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