In re the Estate of Santalucia

Appeal from so much of a decree of the Surrogate’s Court, Queens County, as adjudges that appellants took and retained from the intestate the proceeds of two savings bank accounts and as directs appellants to pay over such proceeds to respondent. Decree insofar as appealed from reversed, and a new hearing granted, with costs to appellants to abide the event, payable out of the estate. No answer to the petition was interposed by appellants. Under these circumstances, the burden is on respondent to show that he, in his representative capacity, has title and the right to the immediate possession…