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MATTER OF JENNINGS

286 A.D. 256 (1955)

In the Matter of the Accounting of Arthur V. Jennings, as Coadministrator of The Estate of Walter F. Jennings, Deceased, Respondent. Josephine Jennings et al., Appellants

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

June 13, 1955.

Attorney(s) appearing for the Case

Samuel A. Locker for appellants.

Anthony B. Cataldo for respondent.

SCHMIDT, BELDOCK and UGHETTA, JJ., concur with MURPHY, J.; NOLAN, P. J., dissents with memorandum.

MURPHY, J.

On July 8, 1948, Walter F. Jennings, hereinafter referred to as "the decedent", withdrew $2,360 of $2,362.35 on deposit in a savings account maintained by his wife and himself in fictitious names at the Williamsburgh Savings Bank. The withdrawal was manifested by a bank check drawn by the Williamsburgh Savings Bank on the Bank of the Manhattan Company, dated...

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