MATTER OF WINER


216 A.D.2d 257 (1995)

628 N.Y.S.2d 290

In the Matter of The Estate of Ely C. Winer, Deceased. Ziporah C. Winer, Respondent; Norman Winer, as Executor of Ely C. Winer, Deceased, et al., Appellants

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

June 29, 1995


The change of account which was undisputedly executed by the decedent, coupled with the deposition testimony and affidavits of the bank officers explaining why the change to a trust in favor of petitioner was not immediately reflected on certain bank statements, were sufficient to establish that a valid Totten trust had been created, and the Surrogate properly concluded that the executor and remainder women had failed to raise a triable issue on the basis of their conclusory...

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