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MATTER OF RINCHIUSO

20 A.D.2d 254 (1964)

In the Matter of Edna M. Drew et al., as Administrators of The Estate of Frances Rinchiuso, Also Known as Frances Carruba, Also Known as Frances Gennuso, Deceased, Respondents. Margaret Petrella et al., Appellants

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

February 20, 1964.

Attorney(s) appearing for the Case

Brennan & Brennan (William R. Brennan of counsel), for appellants.

Desmond & Drury (Edward J. Desmond of counsel), for respondents.

WILLIAMS, P. J., GOLDMAN, HENRY and NOONAN, JJ., concur.

Per Curiam.

This appeal is from a decree of Erie County Surrogate's Court which directed appellants to restore to the administrators of decedent's estate moneys withdrawn from her bank accounts by them about one month before she died. Appellants allege that decedent gave the bank accounts to them and the burden rests upon them to prove by a fair preponderance of evidence that decedent possessed sufficient mental capacity to make the gifts in question and that...

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