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MATTER OF RUSSELLO

41 A.D.2d 633 (1973)

In the Matter of The Estate of Patsy B. Russello, Deceased. Vincent Russello, Appellant; Annette Visconti, Respondent

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

February 22, 1973

Petitioner is the executor of Patsy B. Russello, deceased. Some two years prior to his death, deceased sent a signed check, blank as to date and amount, to his sister, the respondent in this proceeding. After learning of his death, respondent ascertained the amount of the balance in the account, filled in the check accordingly, and obtained the funds. By this proceeding petitioner seeks to have the funds turned over to him as executor...

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