In re the Estate of Prunder

OPINION OF THE COURT

Millard L. Midonick, S.

In this proceeding to withdraw funds on deposit with the Comptroller of the State of New York, a hearing was held before a law assistant-referee. The evidence presented failed to demonstrate that claimants, alleged first cousins of decedent, were his distributees. While the testimony of three witnesses, taken in Romania, was that decedent had only one wife who predeceased him and that he had no children, the decedent’s own statements, given when he opened two separate bank accounts, one of which was opened in 1925, were contradictory. The name of his…