Marrow v. Moskowitz

Cardozo, Ch. J.

Defendants’ testatrix, Fannie Manheimer, opened an account in the Yorkville Bank of New York city on October 3, 1923, in the name of “ Pearl Harris or Fannie Manheimer, payable to either or survivor ” (Banking Law; Cons. Laws, ch. 2, § 249, subd. 3).

On January 19, 1925, she closed the account by withdrawing the entire fund and depositing it in a new account opened in her own name.

This action is brought by Pearl Harris, now Pearl Harris Marrow, against the executors of Mrs. Manheimer to establish as to the joint account a title by survivor-ship, and to recover to her own use the…