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IN THE MATTER OF ESTATE OF JOHNSON

7 A.D.3d 959 (2004)

777 N.Y.S.2d 212

In the Matter of the Estate of GEORGE JOHNSON, Deceased. KEVIN F. McCANE, as Executor of GEORGE JOHNSON, Deceased, Respondent; MONA JOHNSON, Appellant.

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

May 20, 2004.

Mugglin, J.

On November 15, 2000, petitioner, an attorney, delivered a check to George Johnson (hereinafter decedent) for $256,244.21 which represented the proceeds of a partial settlement of an asbestos exposure claim. This check, together with the balance of the claim, represent the total assets of decedent. On November 16, 2000, decedent opened an account with Charter One Bank and deposited the check. The signature card used to open the account bore the words ...

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