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MATTER OF DEARING

25 A.D.2d 751 (1966)

In the Matter of The Estate of Dorothy K. Dearing, Also Known as Dorothy E. Knight, Deceased. Charles R. Dearing, Appellant; Edward I. Knight et al., Respondents

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

April 4, 1966

Decree affirmed, with costs to the individual respondent, payable out of the estate.

No facts were shown to overcome the presumption that decedent intended her brother, the named beneficiary of this "Totten trust" form of bank account, to receive the balance of the account. The trust was not illusory and was not disaffirmed (Matter of Halpern, 303 N.Y. 33

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