Morris v. . Sheehan
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in. the first judicial department, entered January 3, 1922, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in. the first judicial department, entered January 3, 1922, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The death of the depositor before the beneficiary, the plaintiff herein, without revoking the trust, created an absolute trust for the benefit of the plaintiff and the moneys in said bank belong absolutely to the plaintiff. (Matter of Totten, 179 N. Y. 112; McManus v. McManus, 179 N. Y. 343; Kelly v. Beers, 194 N.…
1Opinion of the CourtAndrews, J.
In his lifetime Francis J. Lynch made a deposit in the East River Savings Institution in the Dame of “ Francis J. Lynch in trust for Bridget Farley,” the appellant. Of it she had no knowledge. At his death this account amounting to about $4,500 still stood as originally made unrevoked and unchanged. Nor was it disposed of by the will of Father Lynch, except as it may have been included in a general residuary bequest. Claimed by both the appellant and the respondent the trial court found as a matter of fact that when he made the deposit Father Lynch made it for his own personal convenience and…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Tierney v. . FitzpatrickNew York Court of Appeals · 1909
3Cited by18 opinions
- In re the Estate of ReichNew York Surrogate's Court · 1933
- In re the Estate HerleNew York Surrogate's Court · 1937
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
- Hasbrouck v. Thayer MartinNew Jersey Court of Chancery · 1936
- Davlin v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930
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