In re the Judicial Settlement of the Account of Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by Florence E. Mayer and others from a decree of- the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 23d day of July, 1906, settling the account of the administrators of William II.
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Appeal by Florence E. Mayer and others from a decree of- the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 23d day of July, 1906, settling the account of the administrators of William II. Davis, deceased, by which it was adjudged that the three certain trust accounts on deposit, under tlie title, V Marian Davis, in Trust for William H. Davis,” belonged absolutely to the depositor, Marian Davis, on the death of William H. Davis, the beneficiary; that the said accounts are the property of Marian Davis, and that the judicial accounting should omit all…
1Opinion of the Court
Hooker, J.:
So far as appealed from, the decree of the surrogate should be reversed. . In Matter of Totten (179 N. Y. 112, 125) the court has laid down the following rule by which controversies of this character must be decided: “ A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is *36a tentative trust merely, revocable at will, until the depositor dies or completes the gift in. Ms lifetime by some unequivocal act or declaration, such as delivery of the pass booh or…
2Cases cited1 opinion
- In Re the Accounting of TottenNew York Court of Appeals · 1904
3Cited by6 opinions
- United States v. Emigrant Industrial Sav. BankDistrict Court, S.D. New York · 1954
- Davlin v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930
- In re the Appraisal Under the Transfer Tax Acts of the Property of RudolphNew York Surrogate's Court · 1915
- In re the Estate of SmithNew York Surrogate's Court · 1941
- Matthews v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1912
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