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NOCERA v. LEMBO

No. 76-280-Appeal.

397 A.2d 524 (1979)

Carmelina NOCERA, Administratrix v. Eva LEMBO.

Supreme Court of Rhode Island.

February 7, 1979.

Attorney(s) appearing for the Case

Kirshenbaum & Kirshenbaum, Alfred Factor, Providence, for plaintiff.

Lembo, DeCesare & Grogan, Donald R. Lembo, North Providence, for defendant.

OPINION

BEVILACQUA, Chief Justice.

Carmelina Nocera (plaintiff), administratrix of her father's estate, brought this action against her sister, Eva Lembo (defendant), to recover funds held in a joint banking account. Before his death, Emilio Ricci (Ricci), their father, had established the account payable to either Emilio Ricci or Eva Ricci Lembo, or to the survivor of them. The defendant attempted to prove that the account was a valid gift in praesenti...

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