Opinion
November 24, 1986
Appeal from the Surrogate's Court, Kings County (Bloom, S.).
Ordered that the decree is affirmed, without costs or disbursements.
We find that the evidence adduced at trial sufficiently supports the Surrogate's determination that the decedent authorized the creation of a Totten Trust in favor of the respondent (see, Matter of Carroll, 100 A.D.2d 337, 338-339; Rametta v Kazlo, 68 A.D.2d 579; Matter of Van Alstyne, 207 N.Y. 298, 306). We also find no basis in the record to disturb the Surrogate's finding that the decedent had the mental capacity to create the trust (see, Matter of Poggemeyer, 87 A.D.2d 822). Mollen, P.J., Brown, Niehoff and Kooper, JJ., concur.