MATTER OF JORDAN


199 A.D.2d 998 (1993)

605 N.Y.S.2d 596

In the Matter of The Estate of Thomas J. Jordan, Deceased, Respondent. Margaret Kenney, Appellant

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

December 29, 1993


Decree unanimously affirmed without costs.

Memorandum:

The Surrogate correctly held that an agreement executed by decedent, Thomas J. Jordan, transferring decedent's interest in a mortgage to Margaret Kenney (Kenney) if decedent failed "to return or upon [decedent's] death" was neither an assignment, an inter vivos gift, nor a valid will substitute.

The correct test to determine the validity of an assignment or inter vivos gift is "`"whether the maker...

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