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MATTER OF KILEY

197 Misc. 36 (1949)

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

Surrogate's Court, Westchester County.

December 6, 1949.

Attorney(s) appearing for the Case

George Hinchcliffe for Thomas Kiley, as coadministrator of the estate of Catherine Kiley, deceased, petitioner.

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

GRIFFITHS, S.

This discovery proceeding is brought to recover the proceeds of a savings bank account which until a few days before the death of the depositor had been in the name of Catherine M. Kiley in trust for Johanna Kiley, her sister. The respondent, Mary M. Kiley, filed an answer claiming a gift of the proceeds of said account.

The evidence established that both sisters were unmarried and resided...

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