In re the Estate of Southmayd

Appeal from a decree of the Surrogate’s Court of Essex County, entered December 22, 1975, which, inter alia, denied appellant’s claim against decedent’s estate. On August 6, 1970, decedent mailed a check in the amount of $5,000 to the Burlington Savings Bank for the purpose of establishing a savings account in that bank. The money was a gift to decedent from appellant, his son, and in a note enclosed with the check decedent instructed the bank to "put money in Harold S. Southmayd or Lynn, Box 406, Ausable Forks, New York 12912”. The bank thereupon deposited the money in an account set up in…