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Abstract

Testator ordered his bank to transfer his account to a new account in the name of himself and his daughter "for either or survivor." After testator's death, suit was brought by his executor to compel discovery of $5,000 which had been withdrawn from the joint account by the daughter prior to the death of her father. The executor introduced evidence which tended to show that neither the testator nor his daughter contemplated that the daughter was to enjoy any interest in the account until her father's death. Held, that the daughter must pay to the executor the amount which she had withdrawn prior to testator's death, but the amount remaining in the account when the testator died became the property of the daughter. In re Juedel, 280 N. Y. 37, 19 N. E. (2d) 671 (1939).

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