MATTER OF LALOR


28 A.D.2d 66 (1967)

In the Matter of The Estate of John C. Lalor, Also Known as Cyril Lalor, Deceased. Joslyn E. Lalor, as Administrator of The Estate of John C. Lalor, Deceased, Respondent; Mary Duff, Appellant

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

July 10, 1967.


Attorney(s) appearing for the Case

Ungerman & Harris (Benjamin Ungerman of counsel), for appellant.

Cooper, Erving & Savage (Harry S. Christenson of counsel), for respondent.

GIBSON, P. J., REYNOLDS, STALEY, JR., and GABRIELLI, JJ., concur.


HERLIHY, J.

In January, 1965 the decedent opened a savings bank account in the amount of $13,554.22 and executed a power of attorney to his brother, Gerald. Approximately a month later that power was revoked and a new one executed and filed in favor of Mary Duff, referred to herein as the appellant. On February 15, 1965 the said appellant withdrew the entire proceeds of this account and deposited the substantial portion thereof in an account in her individual...

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