MATTER OF THOMAS


43 A.D.2d 446 (1974)

In the Matter of The Estate of Viola L. Thomas, Deceased. Carol Skelly, as Executrix of Viola L. Thomas, Deceased, Appellant; Nancy J. Jarvis, Respondent

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

February 28, 1974.


Attorney(s) appearing for the Case

Brown, Clements & Silver (Mahlon T. Clements of counsel), for appellant.

John Oliver, III, for respondent.

GREENBLOTT, J. P., SWEENEY and MAIN, JJ., concur with KANE, J.; COOKE, J., dissents in part and votes to affirm in a separate opinion.


KANE, J.

This is an appeal from a decree of the Surrogate's Court of St. Lawrence County, entered October 10, 1972, which dismissed the petition of the executrix insofar as it sought to recover the balance of two joint savings accounts.

After the death of her first husband in 1964, decedent executed a will in July, 1965 which equally favored her four surviving daughters and was ultimately admitted to...

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