In re the Estate of Buckley

Eager, J. (dissenting).

I would affirm the decree of the Surrogate’s Court dismissing the discovery proceeding. It appears that the decedent had duly signed and delivered the joint account agreement for the placing of the New Jersey savings and loan association account in the joint names of decedent and the respondent. This is undisputed. The issue here was whether the account was changed into a joint account on the day prior to the death of the decedent or two days following his death. The Surrogate, who tried the issue without a jury, concluded, “ The court believes the testimony of the…