In re the Estate of Kinch

Respondent Adams appeals from a decree of Erie County Surrogate’s Court, which in an SCPA 2103 discovery proceeding, determined that items of jewelry, traveler’s checks, cash and savings accounts in his possession were property of decedent’s estate.

His claim that decedent had given the property to him is supported by testimony of his sister, Mrs. Smith, who would share in the property if the gift failed and by the testimony of a bank officer, Mr. Fechney. Decedent died February 11,1968, survived by appellant, her brother and by five sisters. Mrs. Smith testified that about a month before her…