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MATTER OF LUTTRELL

99 A.D.2d 603 (1984)

In the Matter of The Estate of Nellie M. Luttrell, Deceased. Marine Midland Bank, N. A., as Executor of Nellie M. Luttrell, Deceased, Appellant; Eileen La Gasse et al., Respondents

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

January 19, 1984

Petitioner, the executor of the estate of Nellie M. Luttrell, who died on January 18, 1978, commenced this proceeding pursuant to SCPA 2103 to discover certain property allegedly withheld from the estate by respondent Eileen La Gasse. Respondent did not answer and an inquiry was held (see SCPA 2104). The testimony revealed the existence of a Totten trust in the names of decedent and respondent, which respondent claimed to own due to delivery of the passbook, and of certain...

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