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MATTER OF WOOD

52 N.Y.2d 139 (1981)

In the Matter of The Estate of Robert S. Wood, Deceased. Nathan M. Medwin, as Executor of Robert S. Wood, Deceased, Appellant; Frank H. Purzycki et al., Respondents.

Court of Appeals of the State of New York.

Decided February 17, 1981.

Attorney(s) appearing for the Case

Francis Bergan for appellant.

Karl H. Schrade and John S. Bartlett, Jr., for Frank H. Purzycki and another, respondents.

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

JASEN, J.

The issue presented on this appeal is whether an executor, by introducing evidence of the opening of bank accounts and withdrawals therefrom tending to show that property belonging to the estate of decedent was in the possession of respondents, "opened the door" and thereby waived the protection of CPLR 4519, the so-called "Dead Man's Statute", allowing respondents to introduce evidence of a personal...

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