MATTER OF ALFIERI


203 A.D.2d 562 (1994)

611 N.Y.S.2d 226

In the Matter of The Estate of Santo Alfieri, Deceased. Norma Alfieri, Appellant; Nina Licata et al., Respondents

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

April 25, 1994


Ordered that the judgment is affirmed, with costs.

The evidence supports the finding of the Surrogate's Court that the decedent's acts were voluntary and not the result of fraud or undue influence. The transfer of the East River Savings Bank account to his sister was not illusory in nature (see, Krause v Krause, 285 N.Y. 27; Newman v Dore, 275 N.Y. 371). Even if the decedent violated the pendente lite order issued in a divorce action by transferring...

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