MATTER OF KILEY


197 Misc. 34 (1949)

In the Matter of The Estate of Johanna Kiley, Deceased.

Surrogate's Court, Westchester County.

December 6, 1949.


Attorney(s) appearing for the Case

George Hinchcliffe for Thomas Kiley, as administrator of the estate of Johanna Kiley, deceased, petitioner.

John E. Tobin for Mary M. Kiley and another, respondents.


GRIFFITHS, S.

The administrator of the above-named decedent has instituted a discovery proceeding to recover the proceeds of a savings account which originally was in the name of Catherine Kiley in trust for Johanna Kiley. In the absence of some unequivocal act or declaration indicating an intent to make the trust irrevocable, such as the delivery of the passbook or notice to the beneficiary, such a deposit would...

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