New York Court of Appeals
In the Matter of the Estate of Mary Porianda, Deceased. Charles M. Miller, as Administrator, Appellant; Annie Wrona…
June 2, 1931256 N.Y. 423
Summary
The Court reversed the Surrogate's dismissal, holding that the statutory presumption of joint tenancy under Banking Law §249 is rebuttable and does not extend to monies withdrawn during life, and that the Surrogate erred by refusing to consider evidence of the depositor's intent; a new hearing was ordered.