In re Stone's Estate
| Decision Date | 24 November 1936 |
| Citation | 272 N.Y. 121,5 N.E.2d 61 |
| Parties | In re STONE'S ESTATE. In re NATHAN. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Proceeding in the matter of the estate of Olga Stone, deceased, wherein Amy Nathan, as administratrix, etc., filed a petition claiming as part of the estate a sum of money which remained to the credit of Olga Stone, deceased, at the time of her death in the Central Savings Bank, and which was subsequently transferred by the bank to the Home of the Daughters of Israel, Incorporated. From an order affirming a decree of the Surrogate's Court (248 App.Div. 555, 288 N.Y.S. 1067), directing the Home of the Daughters of Israel, Incorporated, to deliver to the estate of Olga Stone, deceased, the sum of money claimed by the administratrix, the Home of the Daughters of Israel, Incorporated, appeals.
Orders reversed, and petition dismissed. Appeal from Supreme Court, Appellate Division, First Department.
Charles Howard Levitt, Sol Tekulsky, Lawrence J. Greenberg, and Daniel J. Madigan, all of New York City, for appellant.
David Sallovitz, Henry K. Neidich, and Francis X. Kelly, all of New York City, for respondent.
By the order under review, the appellant has been directed to deliver to the estate of Olga Stone the sum of $1,477.54 which the courts below have adjudged to have been her property.
Olga Stone made application for admission to the home maintained by the Daughters of Israel and, after favorable action on her application, she executed an agreement. By its terms she promised to contribute $1,500 to the home as a contribution for the general maintenance of the home and not as compensation for her own admission or maintenance. In addition she agreed that, in the event of her death, all moneys in her possession or on deposit in bank should remain the property of appellant and that, in the event of her discharge from the home or in the event of her removal or her death any money contributed by her to the home should remain its property.
This agreement was executed October 12, 1930, and on October 23 Olga Stone was admitted to the home. She then paid $1,500 to appellant, in conformity with the terms of her agreement, and on January 21, 1931, paid $500 to cover expenses of burial and a monument. The validity of the receipt and retention of these payments is not contested.
In April, 1934, Olga Stone became ill and was transferred for treatment to Mt. Sinai Hospital, where she died. At the time of her death $1,477.54 remained...
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