In re the Estate of Harter

Maurice D. Isenbergh, S.

The issue in this discovery proceeding instituted by the preliminary executor of the estate of the deceased under section 205 of the Surrogate’s Court Act is the ownership of moneys deposited in five bank accounts approximating the sum of $45,000. All of these deposits were in the name of the deceased, Catherine Harter, at the time of her death on June 28, 1963, and it is undisputed that these moneys originally belonged to her. The preliminary executor claims the moneys as estate property and seeks herein to recover possession of the account passbooks from Marjorie…