In re the Estate of McMurdo

In a discovery proceeding, the appeal is from a decree of the Surrogate’s Court, Rockland County, dated June 1, 1976, which, after a hearing, held that David McMurdo possessed certain moneys which belonged to the decedent’s estate and directed him to transfer the said funds into the administrators’ account. Decree affirmed, with costs to respondent payable personally by appellant. The record supports the determination of the Surrogate that there was no evidence of an intent on the decedent’s part to make a gift of the moneys. Moreover, the presumption created by section 675 of the Banking Law…