In re the Estate of Motta

Appellate Division of the Supreme Court of New York

In re the Estate of Motta

64 A.D.2d 985, 408 N.Y.S.2d 823, 1978 N.Y. App. Div. LEXIS 12966

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

DecidedSeptember 25, 1978

StatusPublished

Cited by4 cases

This text of 64 A.D.2d 985 (In re the Estate of Motta) 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.

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In re the Estate of Motta, 64 A.D.2d 985, 408 N.Y.S.2d 823, 1978 N.Y. App. Div. LEXIS 12966 (N.Y. Ct. App. 1978).

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Opinion

—In a proceeding brought by the executor of the estate of Michael Motta to recover the funds contained in a Totten Trust created by the deceased for the benefit of his sister, Mary Nappy, the appeal is from an order of the Surrogate’s Court, Kings County, dated October 21, 1977, which granted the petition. Order affirmed, with costs payable by the appellant. The Surrogate properly determined that the following evidence proved that Motta revoked the Totten Trust account in 1972: (1) the oral declaration by Motta at the time he executed his final will in 1972 that he did not want his sister to have any of his money, and (2) the obliteration of Mary Nappy’s name from the savings bank passbook in Motta’s safe deposit box. (See Matter of Totten, 179 NY 112; Walsh v Emigrant Ind. Sav. Bank, 106 Mise 628, affd [986]*986192 App Div 908, affd 233 NY 512; Matter of Athanasiou, 24 Mise 2d 12.) Latham, J. P., Damiani, Titone and Suozzi, JJ., concur.

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—In a proceeding brought by the executor of the estate of Michael Motta to recover the funds contained in a Totten Trust created by the deceased for the benefit of his sister, Mary Nappy, the appeal is from an order of the Surrogate’s Court, Kings County, dated October 21, 1977, which granted the petition. Order affirmed, with costs payable by the appellant. The Surrogate properly determined that the following evidence proved that Motta revoked the Totten Trust account in 1972: (1) the oral declaration by Motta at the time he executed his final will in 1972 that he did not want his sister to have any of his money, and (2) the obliteration of Mary Nappy’s name from the savings bank passbook in Motta’s safe deposit box. (See Matter of Totten, 179 NY 112; Walsh v Emigrant Ind. Sav. Bank, 106 Mise 628, affd [986]*986192 App Div 908, affd 233 NY 512; Matter of Athanasiou, 24 Mise 2d 12.) Latham, J. P., Damiani, Titone and Suozzi, JJ., concur.

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64 A.D.2d 985, 408 N.Y.S.2d 823, 1978 N.Y. App. Div. LEXIS 12966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-motta-nyappdiv-1978.

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