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CONNOLLY v. CONNOLLY

9 Misc.2d 291 (1957)

James T. Connolly, an Executor of Sylvester G. Connolly, Appellant, v. Eugene Connolly et al., Respondents.

Supreme Court, Appellate Term, Second Department.

April 24, 1957.

Attorney(s) appearing for the Case

Edward J. S. Farrell for appellant.

Lester G. Knopping for Eugene Connolly and another, respondents.

Peter Campbell Brown, Corporation Counsel (Edward A. Doberman of counsel), for City of New York and another, respondents.

PETTE, HART and BROWN, JJ., concur.

Per Curiam.

Title to the checks issued to the decedent during his lifetime passed to his legal representative upon his death (Surrogate's Ct. Act, § 202, subd. 8). The executor, alone, had the power to deal with the checks, either to negotiate or to surrender them. The individual defendants have been unjustly enriched by the receipt of funds which belonged to the estate of the decedent.

Whether the decedent...

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