In re the Estate of Bourne

Pierson R. Hildreth, S.

By this discovery proceeding, petitioner, as administratrix of decedent’s estate, seeks to recover the proceeds of a savings account on deposit in the Oystermen’s Bank and Trust Company, Sayville, New York, which account is in the name of the decedent who died on April 2, 1954. Although a search for the passbook issued to the decedent for such account was made, the passbook has not been found. It is conceded that decedent was the owner of the deposit and that no other person has ever asserted any claim to all or any part of the fund represented by such account.

The court…