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MATTER OF KRYCUN

24 N.Y.2d 710 (1969)

In the Matter of The Estate of Johanna Krycun, Deceased. Edward Jaworski et al., Appellants; Leo Yacykewych et al., Respondents.

Court of Appeals of the State of New York.

Decided May 28, 1969.

Attorney(s) appearing for the Case

August J. Ginocchio and Stephen J. Jarema for appellants.

Louis Zimmerman and Emmet L. Holbrook for Leo Yacykewych, respondent.

Jerome I. Lessne and Robert J. Silberstein for Yuri Chemokhud, respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and JASEN concur.

SCILEPPI, J.

The order appealed from should be reversed for the reasons stated by Justice MUNDER in his dissenting opinion at the Appellate Division. We merely add the following to further amplify our position.

As was stated in Matter of Totten (179 N.Y. 112, 126): "In case the depositor [of a Totten Trust] dies before the beneficiary without revocation, or some decisive act or declaration of disaffirmance...

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