In re the Estate of Kartzowitz

Nathan R. Sobel, S.

These are cross motions to confirm and disaffirm the report of a Referee.

The sole issue in the construction proceeding was the disposition to be made of four Totten trust accounts each in the name of decedent in trust for his wife. The passbooks had been delivered to and were in the possession of the wife at the time of decedent’s death. She had upon request delivered the passbooks to the executor.

The testator died August 27, 1967. His will was executed on October 16, 1966 some 10 months prior to his death. At the time of death, the Totten trust accounts represented…