IN THE MATTER OF AUDREY CARLSON REVOCABLE TRUST


59 A.D.3d 538 (2009)

873 N.Y.S.2d 669

In the Matter of AUDREY CARLSON REVOCABLE TRUST. BETTY DALY, as Trustee, Respondent; SOVEREIGN BANK, Appellant.

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

Decided February 10, 2009.


Ordered that the order is reversed, on the law, the facts, and in the exercise of discretion, with costs, and the matter is remitted to the Surrogate's Court, Richmond County, for a new determination of the petition following a hearing and further proceedings consistent herewith.

Audrey Carlson maintained two bank accounts with the appellant, Sovereign Bank. On July 30, 2007 Carlson, who was then 82 years old, executed a durable power of attorney form, granting the...

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