MATTER OF SAMUELS


15 A.D.2d 618 (1961)

In the Matter of the Accounting of Ethel M. Samuels, as Executrix of Harry H. Samuels, Deceased, Respondent-Appellant. John Marella, Appellant-Respondent

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

December 29, 1961


Claimant has presented against the estate of decedent a claim based upon a check. There is adequate proof that the check bears the signature of decedent. It is conclusively established that the check was postdated, since decedent died February 25, 1955 and the check is dated May 31, 1955. A negotiable instrument "is not invalid for the reason only that it is * * * post-dated", but the person "to whom an instrument so dated is delivered acquires title thereto as of the date...

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