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Matter of Steinberg

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1985
107 A.D.2d 811 (N.Y. App. Div. 1985)

Opinion

January 28, 1985

Appeal from the Surrogate's Court, Queens County (Laurino, S.).


Decree affirmed, with costs, payable by appellant personally.

Upon our review of the record, we find that decedent's lack of capacity at the time the two joint bank accounts in question were created was established by clear and convincing evidence. The record further supports the Surrogate's determination that appellant abused the confidential relationship he enjoyed with decedent and that appellant's testimony was not credible. Accordingly, the Surrogate properly decreed that the proceeds of the two accounts constitute assets of the estate (see Banking Law, § 675; Allen v. La Vaud, 213 N.Y. 322; Matter of Poggemeyer, 87 A.D.2d 822). Titone, J.P., Mangano, Gibbons and O'Connor, JJ., concur.


Summaries of

Matter of Steinberg

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1985
107 A.D.2d 811 (N.Y. App. Div. 1985)
Case details for

Matter of Steinberg

Case Details

Full title:In the Matter of the Estate of JACK STEINBERG, Deceased. JOSEPH M. GOULD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 28, 1985

Citations

107 A.D.2d 811 (N.Y. App. Div. 1985)

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