In re the Estate of Polito

Appellate Division of the Supreme Court of New York

In re the Estate of Polito

254 A.D. 806, 4 N.Y.S.2d 769, 1938 N.Y. App. Div. LEXIS 7681

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

DecidedMay 4, 1938

StatusPublished

This text of 254 A.D. 806 (In re the Estate of Polito) 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 Polito, 254 A.D. 806, 4 N.Y.S.2d 769, 1938 N.Y. App. Div. LEXIS 7681 (N.Y. Ct. App. 1938).

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Opinion

Decree modified on the law by limiting its effect to the deposit in the Buffalo Savings Bank at the death of the testatrix, with earned interest, which deposit is decreed to be the property of the petitioner, without prejudice to any claim by Andreia Giallombardo which may be made by him against the estate of Nicoletta Polito, or the executor thereof, for the balance, if any, alleged to be due to him from said estate by reason of the fact that on January 21, 1924, and on various dates thereafter, the decedent received from the petitioner funds to be held by her in trust for his use and benefit, and as modified affirmed, without costs. Memorandum: We are of the opinion that under section 206-a of the Surrogate’s Court Act, the surrogate was without authority in this proceeding to direct the executor to pay over to petitioner a sum of money in excess of that which stood to the credit of the decedent in her account in Buffalo Savings Bank on the date of her death, with earned interest thereupon. All concur. (The decree directs the executor of decedent’s estate to pay to petitioner money held in trust by decedent for petitioner.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Decree modified on the law by limiting its effect to the deposit in the Buffalo Savings Bank at the death of the testatrix, with earned interest, which deposit is decreed to be the property of the petitioner, without prejudice to any claim by Andreia Giallombardo which may be made by him against the estate of Nicoletta Polito, or the executor thereof, for the balance, if any, alleged to be due to him from said estate by reason of the fact that on January 21, 1924, and on various dates thereafter, the decedent received from the petitioner funds to be held by her in trust for his use and benefit, and as modified affirmed, without costs. Memorandum: We are of the opinion that under section 206-a of the Surrogate’s Court Act, the surrogate was without authority in this proceeding to direct the executor to pay over to petitioner a sum of money in excess of that which stood to the credit of the decedent in her account in Buffalo Savings Bank on the date of her death, with earned interest thereupon. All concur. (The decree directs the executor of decedent’s estate to pay to petitioner money held in trust by decedent for petitioner.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 806, 4 N.Y.S.2d 769, 1938 N.Y. App. Div. LEXIS 7681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-polito-nyappdiv-1938.