Legal Opinion

In re the Estate of Randall

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 1991PublishedCited by 10 opinions

1Opinion of the Court

— Order unanimously reversed on the law without costs and matter remitted to Allegany County Surrogate’s Court for further proceedings, in accordance with the following Memorandum: The Surrogate erred in concluding that the statutory presumption favoring a joint tenancy (see, Banking Law § 675) applied to the subject certificate of deposit account. The signature card and deposit receipt for the account indicate that the account was in the name of "richard randall or merle dibble”. Neither account document contains words of survivorship, and the fact that a printed box on the signature card…

2Cases cited4 opinions

  1. In re the Estate of TimoshevichAppellate Division of the Supreme Court of the State of New York · 1987
  2. In re the Estate of CoonAppellate Division of the Supreme Court of the State of New York · 1989
  3. In re the Estate of ChorneyNew York Surrogate's Court · 1971
  4. Deck v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by10 opinions

  1. In re the Estate of StalterAppellate Division of the Supreme Court of the State of New York · 2000
  2. In re Estate of DegnanAppellate Division of the Supreme Court of the State of New York · 2008
  3. Sweetman v. SuhrAppellate Division of the Supreme Court of the State of New York · 2015
  4. HARRINGTON, BRENDA C. v. BRUNSON, MARY A.Appellate Division of the Supreme Court of the State of New York · 2015
  5. In re the Estate of AncellNew York Surrogate's Court · 2002

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