MATTER OF ANRIG


73 A.D.2d 947 (1980)

In the Matter of The Estate of Otto L. Anrig, Deceased. Robert Anrig, as Administrator of The Estate of Otto L. Anrig, Deceased, Respondent; Mary A. Smith, Appellant

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

January 21, 1980


Decree affirmed, with costs payable by the appellant.

The record indicates that appellant entered into a fiduciary and confidential relationship with the decedent. The decedent had been institutionalized for three and a half years before his death and the appellant was managing his affairs during this period pursuant to a power of attorney. Under these circumstances the presumption granted to the appellant as the surviving tenant of the joint bank accounts (see Banking...

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