In re the Estate of Mastrianni

Appeal from an order and judgment of the Surrogate’s Court of Schenectady County, entered July 10, 1973, which dismissed the petition to discover personal property belonging to the decedent. The decedent lived with his daughter, respondent herein, from July of 1965 until March of 1967, when he was hospitalized. He died in August of 1967. The decedent had executed a power *785of attorney in favor of the respondent in April of 1967 and pursuant thereto the respondent withdrew about $15,500 from decedent’s bank accounts and put it in her own personal control. The petitioner, on October 15, 1971 and…