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In re Estate of Filfiley

313 N.Y.S.2d 793 (1970)

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In re Estate of Filfiley

Surrogate’s Court of King’s County, New York

313 N.Y.S.2d 793 (1970)

Facts

Mrs. Filfiley created a trust account for her daughter, Alice Filfiley (defendant). Mrs. Filfiley then converted the trust account into a joint bank account with Alice. One day prior to Mrs. Filfiley’s death, Alice withdrew the entire amount from the joint account and deposited it into an account in her name. Mrs. Filfiley’s husband (plaintiff) sought to bring the joint account into Mrs. Filfiley’s will. Mr. Filfiley filed a notice of election to take against the will. At trial, he claimed that the account was a convenience account rather than a joint-tenancy account. Mr. Filfiley also claimed that Mrs. Filfiley lacked mental capacity when she created the account. Alice asserted that she had prior authorization for the withdrawal. Both parties claimed to be the source of the account’s funds, but neither party proved its contentions. The Surrogate’s Court of King’s County, New York held a discovery proceeding to determine Alice’s rights to the account.

Rule of Law

Issue

Holding and Reasoning (Sobel, J.)

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