Muller v. Muller

Order, entered on December 4, 1962, granting respondent’s cross motion to dismiss the petition, unanimously affirmed, with $20 costs and disbursements to respondent. We do not concur in the holding of Special Term that the bank accounts constitute Totten Trusts and at this time it is not necessary to pass upon title to the accounts. Assuming the accounts are within the purview of the New York Uniform Gifts to Minors Act (Personal Property Law, art. 8-A), the petition fails to allege facts warranting the relief sought. On a proper petition the court may direct the expenditure of custodial…