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MATTER OF ABRAMOWITZ

38 A.D.2d 387 (1972)

In the Matter of The Estate of Abraham Abramowitz, Deceased. First National City Bank, as Coexecutor of Abraham Abramowitz, Deceased, Appellant; Doris Rosen, Respondent

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

March 20, 1972.

Attorney(s) appearing for the Case

Gladstone & Lowell (Arthur N. Seiff and Morris A. Mondschein of counsel), for appellant.

Kreutzer, Heller, Selman & Galt (Benjamin Heller, S. Stanley Kreutzer and Martin H. Selman of counsel), for respondent.

MUNDER, Acting P. J., and BENJAMIN, J., concur; MARTUSCELLO and BRENNAN, JJ., dissent and vote to affirm the decree insofar as appealed from.

SHAPIRO, J.

The appellant, First National City Bank, the coexecutor of the decedent's will, in this discovery proceeding sought to recover from the respondent, Doris Rosen (hereinafter called Doris), certain bearer bonds in the total principal amount of approximately $115,000 and the proceeds of a joint savings account in the names of Doris and the decedent. I agree with the learned Surrogate's holding that...

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