In re the Estate of Tosetti

Maximilian Moss, S.

In this discovery proceeding the executor seeks to recover the proceeds of a bank account in the name of testatrix in the respondent savings bank and for other relief. The savings bank admits that it has on deposit funds in name and address similar to that of testatrix. The bank asks that payment be conditioned on compliance with its by-laws which require either presentation of passbook or an indemnity bond in twice the amount of payment together with usual waiver and signing of withdrawal forms. Subdivision 3 of section 238 of the Banking Law is the authority for the…