Joy v. Swanton Savings Bank & Trust Co.

This is an action by a foreign executor to recover funds deposited in the name of, and to the credit of, the deceased in defendant bank. The complaint alleges in substance that the deceased at time of his death was domiciled in and a resident of the state of New York. That the plaintiff is the duly qualified executor of his estate by virtue of an appointment by a surrogate’s court in that state. That at the time of his death the testator had a deposit in defendant bank which became and was a portion of the estate of the testator which the plaintiff by virtue of his said appointment was duly…