Mullen v. Linnane
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
At issue on this appeal is whether petitioner, decedent’s son and ancillary executor of her estate, has overcome the statutory presumption that certain joint bank accounts established by decedent were intended to vest property rights in his only sibling, Kathleen Linnane, the person named as joint account holder (Banking Law § 675), thereby constituting testamentary substitutes that pass outside the will. Compliance with the statutory requirements of Banking Law § 675 is not at issue on this appeal. To succeed, the law requires petitioner to establish, by clear and…
3Cases cited15 opinions
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- Kleinberg v. HellerNew York Court of Appeals · 1976
- In re the Estate of FilfileyNew York Surrogate's Court · 1970
- Hoffstaedter v. Carlton Auto Supplies Co.Appellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of CoddingtonAppellate Division of the Supreme Court of the State of New York · 1977
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