In re the Estate of Leavitt

Order and judgment unanimously affirmed without costs. Memorandum: The guardian and guardian ad litem of John Sloan (respondents) contend *858that Surrogate’s Court erred in directing the stakeholder, Chase Manhattan Bank, to pay $29,898.50 from a bank account entitled "Nancy J. Leavitt FBO John Sloan.” We disagree. Leavitt, Sloan’s sister and representative payee, opened the account in 1992 on behalf of Sloan, a judicially declared incompetent, and deposited his disability checks therein. On February 25, 1994, less than a year before she died, Leavitt deposited $29,333.01 of her own money into…