Appellate Division of the Supreme Court of New York, 1963

In re the Estate of Herwig

In re the Estate of Herwig
Appellate Division of the Supreme Court of New York · Decided November 18, 1963
19 A.D.2d 898; 245 N.Y.S.2d 324; 1963 N.Y. App. Div. LEXIS 2920
In re the Estate of Herwig

Opinion of the Court

In a proceeding to discover property alleged to he wrongfully withheld from executors by one, William Behrens, a claimant thereto, said claimant appeals from a decree of the Surrogate’s Court, Kings County, entered January 15, 1962 which, inter alla, confirmed the report of a Referee rendered after hearings before him; adjudged that the balance and accumulated interest in a specified savings account belonged solely to the decedent’s estate; ordered said claimant to deliver the bankbook to the petitioner; and directed the -bank to pay the moneys in said account plus interest to the executors of the decedent’s estate. Decree affirmed, with costs to the executors payable by the -claimant (Matter of Creelcmore, 1 N T 2d 284; cf. Matter of iSullivan, 6 A D 2d 970). Kleinfeld, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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