Lebitz-Freeman v. Lebitz

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This case involves a claim by plaintiff Ellen Lebitz-Freeman to certain securities which her father, Alexander Lebitz, held in a brokerage account at the time of his death. Defendant is the executor of decedent’s estate, Mary Elizabeth Lebitz, who is plaintiff’s sister.

On March 22, 1997, decedent opened a joint brokerage account at Dean Witter in his and plaintiffs names. Before opening the account, decedent informed his account representative, Jeremiah McNamara, that he was concerned about plaintiff and wanted the securities in his…