Beakes Dairy Co. v. Berns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Beakes Dairy Company, from a judgment of the Supreme Court in favor of the defendant, William G. Berns, entered in the office of the clerk of the county of Kings on the 28th day of April, 1908, upon the decision of the court rendered after a trial 'at the Kings County Special Term.
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Appeal by the plaintiff, the Beakes Dairy Company, from a judgment of the Supreme Court in favor of the defendant, William G. Berns, entered in the office of the clerk of the county of Kings on the 28th day of April, 1908, upon the decision of the court rendered after a trial 'at the Kings County Special Term. The action is by a creditor of William H. Berns, who died intestate, against his administrator, and his son, the only other creditor of the deceased, and the Dime Savings Bank of Brooklyn, to have certain money-deposited in the said savings bank in the name of the deceased in trust for…
1Opinion of the Court
Gaynor, J.:
It is now settled in this state that the mere fact of one depositing his own money in his-own name in trust for another in a savings bank does not prove a trust, the act being equivocal, i. e., as com sistent with some other intention, and therefore not probative of a trust; - but that if the depositor happen to die on the way home, or at any time while the deposit account stands, then it is a trust, and a completed gift to the person named as cestui is made out. “ When a deposit is made in trust and the depositor dies intestate leaving it undisturbed, in the absence of other'…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Ullman v. . CameronNew York Court of Appeals · 1906
3Cited by24 opinions
- In re the Estate of ReichNew York Surrogate's Court · 1933
- In re the Estate HerleNew York Surrogate's Court · 1937
- In re the Estate of WeinbergNew York Surrogate's Court · 1937
- Abruzzese v. OestrichNew Jersey Superior Court Appellate Division · 1946
- In re the Estate of WalshNew York Surrogate's Court · 1960
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