Disken's Estate

Van Dusen, J.,

This is a summary proceeding by an administratrix to recover money alleged to belong to the estate. Decedent, a few days *139before her death, delivered to the respondent decedent’s passbook of a saving fund society. At the same time, she executed a letter of attorney constituting respondent decedent’s attorney-in-fact with authority, inter alia, to make withdrawals from the account. Upon receipt of such documents, respondent presented the bankbook and letter of attorney to the bank and gave notice of intention to withdraw the entire fund. Before the date of the expiration of…