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  5. 40 N.Y.2d 646 (1976)
 

MATTER OF AGIORITIS

40 N.Y.2d 646 (1976)

In the Matter of The Estate of Peter Agioritis, Deceased. Florence O. Agioritis, Respondent; Michael A. Saytanides, as Attorney in Fact for Vassilios I. Agioritis, Also Known as Basos I. Agioritis, and Others, Appellant.

Court of Appeals of the State of New York.

Decided October 26, 1976.

Attorney(s) appearing for the Case

Edward L. Sadowsky, Peter C. Valente and Mona D. Shapiro, New York City, for appellant.

Leonard S. Leaman, New York City, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

This appeal raises questions of first impression concerning the construction of EPTL 5-1.1. Specifically, we are asked to decide whether money deposited in Totten trust1 savings accounts subsequent to August 31, 1966, from funds previously on deposit by the decedent in similar accounts in the same and other banks prior to August 31, 1966, are subject to the surviving spouse...

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