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Bebber v. Dolan

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1934
242 App. Div. 898 (N.Y. App. Div. 1934)

Opinion

November, 1934.


Judgment and order denying motion for a new trial reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum. The form of the bank account raises the presumption of survivorship. This presumption is fortified by the testimony of Rosalie Larcher. The plaintiff has not presented evidence sufficient to overcome this presumption and testimony. The testimony for plaintiff all relates to the control of the bank book by defendant Ida Dolan, and does not bear directly upon the intention of the deceased as to survivorship. All concur.


Summaries of

Bebber v. Dolan

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1934
242 App. Div. 898 (N.Y. App. Div. 1934)
Case details for

Bebber v. Dolan

Case Details

Full title:LILLIAN BEBBER, as Administratrix, etc., of FRANK LABBY, Deceased…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 1, 1934

Citations

242 App. Div. 898 (N.Y. App. Div. 1934)