Kelly v. . Beers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 25, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 25, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to establish plaintiff’s ownership of a deposit in the defendant Home Savings Bank payable to her or the deceased Kate Y. Beers, or the survivor, and the following facts, amongst others, were established beyond dispute, most of them being found by the trial court. The deceased and the plaintiff were mother and…
1Opinion of the CourtHiscock, J.
The appellant claims that she is the owner of moneys originally belonging to and deposited in the sole name of her mother, the deceased, but later and at the time of the latter’s death deposited in an account payable to “ Kate Y. Beers or Sarah E. Kelly, her daughter, or the survivor of them.” Her entire theory is that she was joint owner with her mother of these moneys during the latter’s life and upon her death became entitled to the whole thereof as survivor. The trial court has found against her on the crucial question of the mother’s intent in making and continuing the later deposit and,…
2Cases cited10 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Beaver v. . BeaverNew York Court of Appeals · 1889
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Mabie v. . BaileyNew York Court of Appeals · 1884
- West v. . McCulloughNew York Court of Appeals · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Moskowitz v. MarrowNew York Court of Appeals · 1929
- Illinois Trust & Savings Bank v. VanVlackIllinois Supreme Court · 1923
- Erwin v. FelterIllinois Supreme Court · 1918
- Malone v. SullivanSupreme Court of Kansas · 1932
- In Re Estate of LendersSupreme Court of Iowa · 1956
66 more not listed; retrieve them via the Exa API.