In re the Estate of Dearing

Appellate Division of the Supreme Court of New York

In re the Estate of Dearing

25 A.D.2d 751, 268 N.Y.S.2d 953

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1966

StatusPublished

This text of 25 A.D.2d 751 (In re the Estate of Dearing) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Dearing, 25 A.D.2d 751, 268 N.Y.S.2d 953 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a discovery proceeding (Surrogate’s Ct. Act, § 205), petitioner, as administrator of the decedent’s estate, appeals from a decree of the Surrogate’s Court, Westchester County, entered April 28, 1965 after trial, which determined that a certain savings bank account is the sole property of the individual respondent. Decree affirmed, with costs to the individual respondent, payable out of the estate. No facts were shown to [752]*752overcome the presumption that decedent intended her brother, the named beneficiary of this “ Totten trust ” form of bank account, to receive the balance of the account. The trust was not illusory and was not disaffirmed (Matter of Halpern, 303 N. Y. 33).

Beldoek, P. J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a discovery proceeding (Surrogate’s Ct. Act, § 205), petitioner, as administrator of the decedent’s estate, appeals from a decree of the Surrogate’s Court, Westchester County, entered April 28, 1965 after trial, which determined that a certain savings bank account is the sole property of the individual respondent. Decree affirmed, with costs to the individual respondent, payable out of the estate. No facts were shown to [752]*752overcome the presumption that decedent intended her brother, the named beneficiary of this “ Totten trust ” form of bank account, to receive the balance of the account. The trust was not illusory and was not disaffirmed (Matter of Halpern, 303 N. Y. 33).

Beldoek, P. J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

25 A.D.2d 751, 268 N.Y.S.2d 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-dearing-nyappdiv-1966.

Opinion

Related

Cite This Page — Counsel Stack