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MATTER OF CAVALLO

239 A.D.2d 187 (1997)

657 N.Y.S.2d 897

In the Matter of The Estate of Ralph Cavallo, Deceased. Jean Cavallo et al., Respondents; Davenport Neck Corporation, Appellant

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

May 8, 1997

The Surrogate's conclusion that, at the time of the subject transfers, there was no valid and consistently applied restriction on transfer (compare, Glens Falls Ins. Co. v National Bd. of Fire Underwriters Bldg. Corp., 63 Misc.2d 989, 990-992, affd 36 A.D.2d 793, lv denied 29 N.Y.2d 482) is supported by a fair interpretation of the evidence in the record (see, Thoreson v Penthouse Intl.,

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