MATTER OF DE FONCE


26 A.D.2d 819 (1966)

In the Matter of The Estate of Antoinette De Fonce, Deceased. Philomena Di Ruzzio, Respondent; Salvatore M. De Fonce, Appellant

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

October 3, 1966


Decree affirmed insofar as appealed from, with costs payable by appellant personally.

The savings account was not made payable "to either or the survivor of them" and there was no evidence that the account was intended for any purpose except the convenience of the depositor (the decedent). Hence appellant is not aided by any presumption (cf. Banking Law, former § 239, subd. 3 [now § 675, subs. (a), (b)]) and was properly ordered to pay over to the administratrix...

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