Opinion
November 18, 1963
In a proceeding to discover property alleged to be wrongfully withheld from executors by one, William Behrens, a claimant thereto, said claimant appeals from a decree of the Surrogate's Court, Kings County, entered January 15, 1962 which, inter alia, confirmed the report of a Referee rendered after hearings before him; adjudged that the balance and accumulated interest in a specified savings account belonged solely to the decedent's estate; ordered said claimant to deliver the bankbook to the petitioner; and directed the bank to pay the moneys in said account plus interest to the executors of the decedent's estate. Decree affirmed, with costs to the executors payable by the claimant ( Matter of Creekmore, 1 N.Y.2d 284; cf. Matter of Sullivan, 6 A.D.2d 970). Kleinfeld, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.