MATTER OF O'REILLY


278 A.D. 872 (1951)

In the Matter of The Estate of Daniel F. O'Reilly, Deceased. Daniel F. O'Reilly, as Administrator of The Estate of Daniel F. O'Reilly, Deceased, Appellant; Elizabeth Fitzgerald, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1951.


Decedent had a deposit in his own name in a savings bank in Burlington, Vt., prior to May 14, 1946. After some correspondence between decedent and the bank as to the procedure, and pursuant to decedent's instructions, the account was changed on May 14, 1946, into a joint account in the names of the decedent and respondent, payable to either or the survivor. No withdrawals were made by either until after decedent's death on October 4, 1946. Thereafter respondent withdrew the...

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