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MATTER OF HITCHINGS

281 A.D. 202 (1953)

In the Matter of The Estate of Horace K. Hitchings, Deceased. Ethel C. Hitchings, as Executrix of Horace K. Hitchings, Deceased, Respondent; Syracuse Trust Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 16, 1953.

Attorney(s) appearing for the Case

Cleveland J. Kenyon for appellant.

Chester J. Parker for respondent.

Arthur W. Wilson for First National Bank of Marcellus.

Richard M. Walker for Kenneth Hines.

All concur except McCURN, J., who dissents in a separate opinion. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.

Per Curiam.

Prior to April 11, 1951, there was $44,864 on deposit in the Syracuse Trust Company to the credit and in the account of Horace K. Hitchings estate. The ledger sheet for that month, in the heading, recited: "Released to Ethel C. Hitchings, Executrix Dec. 1, 1950." From December 1, 1950, to April 11, 1951, Ethel C. Hitchings, the executrix, had made many deposits in and many withdrawals from the account in...

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