Matter of Farrell
New York Court of Appeals
I. There was no gift of the money involved. (Matter of Van Alstyne, 207 N. Y. 298; Matter of Green, 247 App. Div. 540; Bidden v. Thrall, 125 N. Y. 572.) II. Appellant’s title to the East Eiver Savings Bank account became complete and absolute by delivery to her by her mother of the passbook. (Matter of Totten, 179 N. Y. 112; Matter of Rosso, 146 Mise. 746; Davlin v. Title Qua/r. & Trust Co., 229 App. Div. 269.) III.
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I. There was no gift of the money involved. (Matter of Van Alstyne, 207 N. Y. 298; Matter of Green, 247 App. Div. 540; Bidden v. Thrall, 125 N. Y. 572.) II. Appellant’s title to the East Eiver Savings Bank account became complete and absolute by delivery to her by her mother of the passbook. (Matter of Totten, 179 N. Y. 112; Matter of Rosso, 146 Mise. 746; Davlin v. Title Qua/r. & Trust Co., 229 App. Div. 269.) III. In any event, her mother’s delivery of all three bankbooks to appellant was sufficient to constitute “ gifts ” to appellant. (Mutual Life Ins. Co. v. Holley, 280 N. Y. 330; Baxter…
1Opinion of the CourtFuld, J.
In April of 1945, Mrs. Anna Farrell was declared ah incompetent. At that time, she had money in three bank accounts: two were in her own name, one in the Public National Bank and Trust Company (amounting to about $990), the other in the Greenwich Savings Bank (amounting to $9); the third, in the East Eiver Savings Bank (amounting to about $1,679), Ayas in her name “ in trust for daughter Lucy Farrell.” The latter, one of several children of the incompetent, claimed that the money in those bank accounts belonged to her by reason of the fact that she had, over the years, turned those funds, as…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Imperatrice v. ImperatriceNew York Court of Appeals · 1948
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