Appellate Division of the Supreme Court of New York, 1939

In re the Estate of Smith

In re the Estate of Smith
Appellate Division of the Supreme Court of New York · Decided March 22, 1939
256 A.D. 1049; 11 N.Y.S.2d 670; 1939 N.Y. App. Div. LEXIS 6014
In re the Estate of Smith

Opinion of the Court

Decree reversed on the facts, with costs, and decree ordered in favor of the respondent [appellant] Junia Ann Davis dismissing the petition of Charles E. Smith, individually and as administrator of the estate of Agnes P. Smith, deceased, and confirming to the respondent [appellant] Junia Ann Davis the title to the bank account of the intestate with the Erie County Savings Bank and the avails thereof, with costs. Certain findings of fact disapproved and reversed and new findings made. All concur. (The decree adjudges a bank account to be the property of the estate of decedent in a discovery proceeding.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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