Martin v. Martin
Appellate Division of the Supreme Court of the State of New York
'Appeal from special term, Monroe county. Action by John Martin, as executor of the estate of James Martin, deceased, against the Monroe County Savings Bank, to recover the amount of a deposit. The deposit was claimed by William Martin, and he was joined as party defendant. From a judgment in favor of plaintiff, defendant William Martin appeals. Beversed.
Read the full summary
'Appeal from special term, Monroe county. Action by John Martin, as executor of the estate of James Martin, deceased, against the Monroe County Savings Bank, to recover the amount of a deposit. The deposit was claimed by William Martin, and he was joined as party defendant. From a judgment in favor of plaintiff, defendant William Martin appeals. Beversed. James Martin was a depositor in the Monroe County Savings Bank, and in January, 1896, had five distinct accounts with the bank. Its secretary and treasurer advised him he was in excess o£ the $3,000 limit, and Mr. Martin called to change the…
1Opinion of the CourtSpring, J.
The evidence shows very clearly that James Martin intended the deposit of $2,000 should be the property of his nephew William. The change in the form of his deposit was made under stress, because the bank would not permit him to carry so large a sum to his credit, or of which he was the owner. But, when the old gentleman was obliged to meet this requirement of the bank, he evidently concluded to comply with it by making a definite provision for William, who was the son of the brother Mr. Martin selected for his executor. No precise form of words is necessary to constitute a trust. The act…
2Cases cited11 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Cunningham v. . DavenportNew York Court of Appeals · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 1900