Legal Opinion

In re the Estate of Slobiansky

New York Surrogate's Court

Decided February 13, 1934PublishedCited by 4 opinions

1Opinion of the Court

Foley, S.

This is a proceeding brought under the provisions of section 217 of the Surrogate’s Court Act to compel the payment of the claim of the petitioner as a creditor of the estate. The decedent, Sam Slobiansky, was a grand uncle of Barnet Martinsky, the petitioner. On November 2, 1932, the former opened an account in the Citizens’ Savings Bank in his name, “ in trust for Barnet Martinsky,” with an initial deposit of $5,000. It is undisputed that the decedent had withdrawn this amount from his individual account in the same bank. On January 5, 1933, the decedent withdrew the sum of…

2Cases cited5 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. Matthews v. . Brooklyn Savings BankNew York Court of Appeals · 1913
  3. Tibbitts v. ZinkAppellate Division of the Supreme Court of the State of New York · 1931
  4. Hanigan v. WrightNew York Court of Appeals · 1931
  5. Hanigan v. WrightAppellate Division of the Supreme Court of the State of New York · 1931

3Cited by4 opinions

  1. Estate of Schneider v. Comm'rUnited States Tax Court · 1958
  2. Delaware Trust Co. v. FitzMauriceCourt of Chancery of Delaware · 1943
  3. In re the Estate of BowenNew York Surrogate's Court · 1935
  4. Estate of Schneider v. Comm'rUnited States Tax Court · 1958

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