Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 25, 1907PublishedCited by 21 opinions

Appeal by Adelaide M. Balch, as executrix, etc., from a decree of the Surrogate’s Court of the county of Mew York, entered in said Surrogate’s Court on thé 31st day of May, 1906, confirming the report of a referee against the appellant on her claim to funds represented by two certain savings bank books.

1Opinion of the Court

Scott, J.:

Alonzo Balch, the testator, on March' 15, 1873, opened two savings bank deposits in different banks, and to the credit of each account deposited'$250. Each account was opened in the name of “Alonzo W. Balch in trust for David C. Balch,” the latter being the son of Alonzo. But a single amount was drawn from each account in 1876, and additional sums were paid in to each account at various times. On February 13, 1902, David G. Balch, the son, died, leaving a widow, Adelaide M. Balch, his sole legatee and executrix. The father, depositor of the funds, died on December 21, 1903, having…

2Cases cited2 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Cunningham v. . DavenportNew York Court of Appeals · 1895

3Cited by21 opinions

  1. City of Richmond v. SutherlandSupreme Court of Virginia · 1913
  2. In re the Estate of VaughanNew York Surrogate's Court · 1932
  3. In re the Transfer Tax upon the Estate of CochraneNew York Surrogate's Court · 1921
  4. Stockert v. Dry Dock Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1913
  5. Fowler v. GowingU.S. Circuit Court for the District of Northern New York · 1907

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