In re the Estate of Miller

Wither, S.

As administrator of the estate of Charles Miller, deceased, petitioner seeks to recover of Sarah F. Miller, respondent, in this discovery proceeding the balance on deposit in the Rochester Savings Bank in the name of Sarah F. Miller in trust for the deceased. Respondent was the deceased’s sister-in-law. They did not live in the same dwelling, and there is no evidence that she cared for the deceased prior to his death nor that he in anywise was indebted to her. It appears that in 1937 decedent had on deposit in his name in said bank the sum of $9,407.24, and on May 21st of that year…