FREEMAN v. NBT BANK


53 A.D.3d 849 (2008)

863 N.Y.S.2d 506

ANNE M. FREEMAN, as Administrator of the Estate of CHARLES H. TOWNSEND, Deceased, Respondent, v. NBT BANK, Appellant.

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

Decided July 10, 2008.


Kavanagh, J.

In June 1987, decedent opened a checking account at Central National Bank. On the signature card, decedent indicated that no right of survivorship was intended on the account. Thereafter, Central National Bank merged with defendant and, in December 2001, decedent added his sister, Jessie Tilison, as a signatory on the account. Decedent died in February 2003 and, two weeks later, Tilison withdrew all of the funds that remained in the account—$46...

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