MATTER OF ROWLAND


286 A.D. 857 (1955)

In the Matter of the Accounting of May E. Rowland, as Executrix of Elizabeth M. Creekmore, Deceased, Appellant. Nana A. Ogg, Respondent

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

June 13, 1955.


The evidence shows that the accounts and the deposits therein are in form described by subdivision 3 of section 239 of the Banking Law. Such evidence establishes conclusively the intention to vest title in the survivor to the moneys in the accounts at the time of death. There being no issue of fraud or undue influence, the survivor was not required to submit additional evidence as to the intention of the decedent. (Matter of Fenelon, 262 N.Y. 308; Moskowitz v. Marrow...

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