Legal Opinion

In re the Judicial Settlement of the Account of Totten

New York Surrogate's Court

Decided June 15, 1902PublishedCited by 3 opinions

Proceedings upon the judicial settlement of the account of an administrator. Motion to confirm the report of a referee.

1Opinion of the Court

Church, S.

The question for consideration here is as to the rights of one Emile R. Lattan to certain moneys which belonged to the decedent, hut which were deposited by her in a savings bank, in her own name in trust for the said Emile R. Lattan. The Appellate Division of the ¡Second Department has held that *166an account opened in substantially this manner “ constitutes an unequivocal declaration of trust in favor of the beneficiary.” Matter of Mueller, 15 App. Div. 67; Decker v. Union Dime Savings Institution, id. 553; Williams v. Brooklyn Savings Bank, 51 id. 332; Robertson v. McCarty, 54 id.…

2Cases cited6 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Martin v. . FunkNew York Court of Appeals · 1878
  3. Cunningham v. . DavenportNew York Court of Appeals · 1895
  4. Willis v. . SmythNew York Court of Appeals · 1883
  5. Washington v. . Bank for SavingsNew York Court of Appeals · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Final Accounting of BiggarsNew York Surrogate's Court · 1902
  2. In re the Judicial Settlement of the Account of TottenAppellate Division of the Supreme Court of the State of New York · 1903
  3. In re the Transfer Tax Upon the Estate of AnthonyNew York Surrogate's Court · 1903

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