In re the Estate of Dearing

In a discovery proceeding (Surrogate’s Ct. Act, § 205), petitioner, as administrator of the decedent’s estate, appeals from a decree of the Surrogate’s Court, Westchester County, entered April 28, 1965 after trial, which determined that a certain savings bank account is the sole property of the individual respondent. Decree affirmed, with costs to the individual respondent, payable out of the estate. No facts were shown to *752overcome the presumption that decedent intended her brother, the named beneficiary of this “ Totten trust ” form of bank account, to receive the balance of the account. The trust was not illusory and was not disaffirmed (Matter of Halpern, 303 N. Y. 33).