In re the Estate of Barthold

Wingate, S.

The present petition seeks an order restraining the executor from delivering a savings bank book standing in the name of the decedent “ in trust for ” a named person to the purported cestui que trust of the alleged Totten trust; and further to compel him to withdraw the money from the account and to deposit it in an account in his name as executor.

The petition is made by the substituted committee for the husband of the testatrix who asserts that she has “ duly ” elected on his behalf to take in intestacy pursuant to the provisions of section 18 of the Decedent Estate Law although…