In re the Estate of Reardon

Christopher C. McGrath, S.

This is a discovery proceeding tried by the court without a jury wherein the administrator seeks to recover as an asset of the estate the sum of $8,380.15 in a joint account payable to “ George Y. Reardon and/or Frances M. Joffe”, the latter being the decedent’s sister, who is allegedly withholding the proceeds. The respondent, Frances Joffe, claiming title to the funds, at this second trial offered no testimony whatsoever in support of her position and relied entirely on the presumption arising from the form of the account (Banking Law, § 675, subd. [b]).

The…