MASON v. MASON


238 A.D.2d 872 (1997)

657 N.Y.S.2d 214

David J. Mason, Individually and as Executor of Sam Mason, Also Known as Solomon Moskowitz or Sam Moskowitz, Deceased, Appellant, v. Bettie E. Mason, Also Known as Bettie C. Mason, Respondent

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

April 24, 1997


Mikoll, J. P.

Decedent, Sam Mason, was hospitalized on September 6, 1993 for treatment of a terminal illness and died two days later. On September 7, 1993 defendant, the widow of decedent, withdrew the balance ($28,557.46) of a money market savings account held in the names of decedent and defendant as joint tenants with right of survivorship. The estate was otherwise without assets.

Subsequently, plaintiff...

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