Legal Opinion
Estate of Wozniak v. Kaspar
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1998PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Thompson, J.
The decedent, Georgina Wozniak, established two certificate of deposit accounts—so-called “Totten Trusts”—at Republic National Bank of New York. The same two individuals were named as beneficiaries of each account. One of the beneficiaries died in October of 1994. Ms. Wozniak died some two weeks later in early November of 1994.
The issue presented is whether the surviving beneficiary is entitled to all of the proceeds, or whether the deceased beneficiary’s share of the trust becomes the property of the depositor’s estate. The Surrogate’s Court adopted the latter…
2Cases cited6 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Blackmon v. Estate of BattcockNew York Court of Appeals · 1991
- In re BobeckAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of HarrisonAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Accounting of MascoloNew York Surrogate's Court · 1944
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chicago Title Ins. Co. v. EllisNew Jersey Superior Court Appellate Division · 2009
- Yong Xu v. 401 Foster Gasoline, Inc.Appellate Division of the Supreme Court of the State of New York · 2026
- Yong Xu v. 401 Foster Gasoline, Inc.Appellate Division of the Supreme Court of the State of New York · 2026
- In re the Estate of FoleyNew York Surrogate's Court · 1999