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MATTER OF FONTANELLA

33 A.D.2d 29 (1969)

In the Matter of The Estate of Louis Fontanella, Deceased. Adelaide Jewell, as Administratrix of The Estate of Louis Fontanella, Deceased, Appellant. Edward Fontanella et al., Respondents

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

November 6, 1969.

Attorney(s) appearing for the Case

Ernest Abdella for appellant.

James W. Conboy and Floyd J. Reinhart for Edward Fontanella, respondent.

Karl A. Wohlgemuth and Floyd J. Reinhart for Rena Chiuminato, respondent.

HERLIHY, P. J., STALEY, JR., and GREENBLOTT, JJ., concur.

COOKE, J.

This is an appeal from a decree of the Surrogate's Court of Montgomery County, entered December 27, 1967, which determined that Edward Fontanella, son of decedent Louis Fontanella, was the sole owner of certain shares of stock. The Surrogate found that decedent had retained dominion and control over the stock, that the person to whom the certificates were delivered was not a donee but decedent's agent and, consequently, that any characterization...

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