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MATTER OF KASSEBOHM

2 N.Y.2d 153 (1956)

In the Matter of The Estate of William Kassebohm, Deceased. Emma S. Kassebohm, as Administratrix of The Estate of William Kassebohm, Deceased, Respondent; Alfred J. Jennings, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1956.

Attorney(s) appearing for the Case

John P. Weatherwax and James M. Strang for appellant.

Arthur L. Rosen and W. Joseph Shanley for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

Per Curiam.

In this discovery proceeding the question presented is whether the decedent, William Kassebohm, intended to make an inter vivos gift of the proceeds of a savings bank account in the amount of $8,000 to appellant, Alfred J. Jennings, when he delivered to Jennings the bank passbook representing the account. The Surrogate held that the decedent did intend to make a gift of the proceeds, and dismissed...

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