In re Brady's Estate

CourtNew York Court of Appeals Court of Appeals
Writing for the CourtPER CURIAM.
CitationIn re Brady's Estate, 254 N.Y. 590 (N.Y. 1930)
Decision Date08 July 1930
PartiesIn the Matter of the Estate of JAMES C. BRADY, Deceased. THE STATE TAX COMMISSION, Appellant; NICHOLAS F. BRADY et al., as Executors et al., Respondents.

OPINION TEXT STARTS HERE

Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (228 App. Div. 56, 239 N. Y. S. 5), entered January 27, 1930, which reversed a decree of the Albany County Surrogate's Court adjudging that certain shares of stock constituted a part of the decedent's estate and had not been given by him in his lifetime to his wife and children.

Seth T. Cole and James A. Quinn, both of Albany, for appellant State Tax Commission.

Neile F. Towner, of Albany, for respondents executors.

Nathan L. Miller, Harold Otis, and Robert A. Fulwiler, Jr., all of New York City, for respondents Helen M. Brady and others.

Edward J. O'Connell, of Albany, for respondents Ruth Brady and others.

PER CURIAM.

Order affirmed, with costs.

CARDOZO, C. J., and POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN, and HUBBS, JJ., concur.

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16 cases
  • Cartall v. St. Louis Union Trust Co.
    • United States
    • Missouri Supreme Court
    • 25. Juli 1941
    ...And if the donor constitutes himself trustee for the donee, no further delivery is required. In re Brady's Estate, 239 N.Y.S. 5, affirmed, 254 N.Y. 590. (10) Where the record practically all one way with respect to issue presented, the Supreme Court will give deference to the chancellor's f......
  • Yandell v. Wilson
    • United States
    • Mississippi Supreme Court
    • 26. September 1938
    ... ... destroyed by donor's unauthorized act, a suit against ... executor of the donor's estate, commenced within 10 years ... after donor had waived priority of the lien, was not barred ... by limitations, since donor's action created a trust ... ...
  • Elyachar v. Gerel Corp.
    • United States
    • U.S. District Court — Southern District of New York
    • 30. März 1984
    ... ... After the war, Colonel Elyachar returned to his real estate business in New York. Over the years he built and managed several valuable properties. He also built a family — twin sons, the plaintiffs in this ... ...
  • Gruen v. Gruen
    • United States
    • New York Court of Appeals Court of Appeals
    • 8. Juli 1986
    ...of some interest and the gift is effective immediately (see, Matter of Brady, 228 App.Div. 56, 60, 239 N.Y.S. 5, affd. no opn. 254 N.Y. 590, 173 N.E. 879; In re Sussman's Estate, 125 N.Y.S.2d 584, 589-591, affd. no opn. 283 App.Div. 1051, 134 N.Y.S.2d 586, Matter of Valentine, 122 Misc. 486......
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