Legal Opinion

In re the Estate of Fuss

New York Surrogate's Court

Decided July 11, 1991PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward M. Horey, S.

The principal issue raised on the accounting in the estate in issue concerns a savings bank account.

It is the contention of the objectants that the account at issue was merely a convenience account and as a consequence the proceeds should be considered assets of the estate and distributed under the terms of the decedent’s will.

*690The executor takes a contrary position and insists that the account was a true joint account payable to the survivor by operation of law and not an estate asset distributable under the decedent’s will.

In resolving the issue the…

2Cases cited4 opinions

  1. Moskowitz v. MarrowNew York Court of Appeals · 1929
  2. Marrow v. MoskowitzNew York Court of Appeals · 1931
  3. MATTER OF BRICKER (KRIMER) v. KrimerNew York Court of Appeals · 1963
  4. In re the Accounting of PolizzoNew York Court of Appeals · 1955

3Cited by2 opinions

  1. Reicherter v. McCauleyCourt of Appeals of Kansas · 2012
  2. In re the Estate of MerklingerNew York Surrogate's Court · 1992

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