Legal Opinion
Silk v. Silk
New York Supreme Court
Decided January 7, 1937PublishedCited by 5 opinions
1Opinion of the CourtMat, J.
Motion for judgment granted to the extent of dismissing plaintiff’s first cause of action in conversion, inasmuch as it conclusively appears that plaintiff or her assignor never had possession or the right to possession of the fund alleged to have been converted.
*774The second cause of action can be sustained as one for injury to property providing the plaintiff had any property right or interest in the fund at the time of the acts complained of.
The creation of a “ Totten ” trust entitles the cestui que trust to such portion thereof as remains on deposit at the time of the death of the creator…
2Cases cited3 opinions
- Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
- Rosenblum v. Manufacturers Trust Co.New York Court of Appeals · 1936
- In re the Estate of RasmussenNew York Surrogate's Court · 1933
3Cited by5 opinions
- Rellick-Smith, S. v. Rellick, B.Superior Court of Pennsylvania · 2016
- In Re Guardianship of MedleyDistrict Court of Appeal of Florida · 1990
- In Re the Estate of BeckNew York Court of Appeals · 1984
- In re the Estate of ShortleNew York Surrogate's Court · 1954
- Rellick-Smith, S. v. Rellick, B.Superior Court of Pennsylvania · 2016