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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