In re the Estate of Duke

Savarese, S.

This is a discovery proceeding instituted by the executor of Jessie T. Duke to recover the proceeds of a special interest account in a commercial bank in the names of testatrix and respondent. Petitioner alleges that testatrix permitted respondent’s name on the account for convenience only, that respondent was merely an agent, and that there was never any intention to pass title to the latter. Respondent’s answer contains a general denial and affirmative defenses asserting title by right of survivorship and by gift.

The bank’s signature card pertaining to .the account is rubber…