In re the Accounting of Samuels

Boy M. Page, S.

The sole issue involved herein is as to the validity of a claim asserted by John Marella in the amount of $6,000. The claimant offered in evidence a check dated May 31, 1955, concededly bearing the signature of its alleged drawer, the deceased, and drawn upon the Marine Midland Trust Com*910pany of Southern New York, a Binghamton, New York, bank. On the other hand, it is conceded that no part of the body of this check was written by the deceased but by the claimant himself. The date of death of the deceased was February 25, 1955, approximately three months previous to the date…