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MATTER OF CREEKMORE

1 N.Y.2d 284 (1956)

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

Court of Appeals of the State of New York.

Decided May 24, 1956.

Attorney(s) appearing for the Case

Jacob W. Friedman and Milton A. Goldiner for appellant.

Charles H. Birdsall and Paxton Blair for respondent.

CONWAY, Ch. J., DYE and FROESSEL, JJ., concur with VAN VOORHIS, J.; FULD, J., dissents in an opinion in which DESMOND and BURKE, JJ., concur.

VAN VOORHIS, J.

This is a contest between the two daughters of Elizabeth M. Creekmore over the proceeds of two savings bank accounts aggregating about $15,000, which belonged to Mrs. Creekmore, and constituted about three fifths of her assets at the time of her decease. Letters testamentary have been issued to Mrs. Rowland under Mrs. Creekmore's will executed October...

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