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  5. 244 A.D.2d 148 (1998)
 

MATTER OF ESTATE OF WOZNIAK

244 A.D.2d 148 (1998)

672 N.Y.S.2d 428

In the Matter of The Estate of Georgina Wozniak, Deceased. Danuse Geyer, Respondent, v. Eugene Kaspar, Appellant, et al., Respondent

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

May 11, 1998

Attorney(s) appearing for the Case

Stockschlaeder, McDonald & Sules, P. C., New York City (John B. McDonald, Jr., of counsel), for respondent.

Burke, McGlinn & Miele, Suffern (Joseph P. McGlinn of counsel), for appellant.

O'BRIEN, J. P., RITTER and JOY, JJ., concur.

THOMPSON, J.

The decedent, Georgina Wozniak, established two certificate of deposit accounts — so-called "Totten Trusts" — at Republic National Bank of New York. The same two individuals were named as beneficiaries of each account. One of the beneficiaries died in October of 1994. Ms. Wozniak died some two weeks later in early November of 1994.

The issue presented is whether the surviving...

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