MATTER OF MULLEN v. LINNANE


218 A.D.2d 50 (1996)

636 N.Y.S.2d 783

In the Matter of Thomas Mullen, as Ancillary Executor of Elizabeth Mullen, Deceased, Respondent, v. Gerald Linnane, Appellant, et al., Respondents

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

January 25, 1996


Attorney(s) appearing for the Case

Richard B. Lind, New York City, for appellant.

Diahn W. McGrath, New York City, for respondent.

ELLERIN, J. P., RUBIN, NARDELLI, WILLIAMS and MAZZARELLI, JJ., concur.


Per Curiam.

At issue on this appeal is whether petitioner, decedent's son and ancillary executor of her estate, has overcome the statutory presumption that certain joint bank accounts established by decedent were intended to vest property rights in his only sibling, Kathleen Linnane, the person named as joint account holder (Banking Law § 675), thereby constituting testamentary substitutes that pass outside the will...

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