MATTER OF BREILING


279 A.D. 823 (1952)

In the Matter of The Estate of Carrie Breiling, Deceased. John P. Hayes, as Executor of Carrie Breiling, Deceased, Appellant; Mary Trick, Respondent

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

January 9, 1952.


Prior to transfer the savings accounts in question were in the name of the decedent, Carrie Breiling. Some two years prior to her death they were changed to joint accounts bearing her name and the name of the respondent, payable to either or the survivor of them, and in accordance with the rules and regulations of the respective banks. Appellant sought to prove that decedent did not consciously authorize the transfers. The Surrogate held that the proof was insufficient to...

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