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NETO v. THORNER

No. 87 Civ. 3447 (RPP).

718 F.Supp. 1222 (1989)

Francisco Malandrini NETO, as administrator and executor of the Estate of Berthold Falk, deceased, Plaintiff, v. Gerald THORNER, Defendant.

United States District Court, S.D. New York.

September 5, 1989.

Attorney(s) appearing for the Case

Robert Lewis, Baker & McKenzie, New York City, for plaintiff.

Jack H. Dorfman, Fodera, Dorfman & Ferrari, Brooklyn, N.Y., for defendant.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This motion for summary judgment presents the following question of New York law: when a foreigner dies testate, does New York law or the law of the decedent's domicile govern the disposition of the assets of the decedent's Totten trust?1

In 1963, Berthold Falk opened a Totten trust for the benefit of Gerald Thorner...

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