MATTER OF GIACALONE


143 A.D.2d 749 (1988)

In the Matter of The Estate of Thomas Giacalone, Deceased. Antonina Giacalone, Appellant; Nina Cascio, Also Known as Nina Cascia, Respondent

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

October 11, 1988


Ordered that the decree is affirmed, with costs payable by the estate.

The decedent Thomas Giacalone died on February 16, 1985. In 1981 the decedent began living in a nursing home. On or about December 8, 1982, the decedent opened a joint bank account with his niece, the respondent Nina Cascio, who regularly visited him until he died. Although ill, the proof, including testimony of a social worker, revealed that the decedent was mentally alert until shortly before...

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