Legal Opinion

Schick v. Grote

New Jersey Superior Court Appellate Division

Decided October 15, 1886PublishedCited by 1 opinion

1. A husband deposited money in a savings bank in the joint names of himself and wife. The entry was “ Bank for Savings, in account with A. G. and wife, B., or either.” He had already deposited there, on the same occasion, as much as the bank would receive in his name. He drew the interest on the first-mentioned deposit himself.

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1. A husband deposited money in a savings bank in the joint names of himself and wife. The entry was “ Bank for Savings, in account with A. G. and wife, B., or either.” He had already deposited there, on the same occasion, as much as the bank would receive in his name. He drew the interest on the first-mentioned deposit himself. There was no proof of a delivery, and the only evidence of a gift was a declaration to his wife, when she was scolding him about drawing the other money from the bank, that he would have no more to do with it. 2. A wife is not competent to testify to the gift of a…

1Opinion of the Court

The Ordinary.

This appeal is from a decree of the orphans court of Morris county, sustaining four of the exceptions filed by the respondents to the final account of Henrietta E. Grote, administratrix of August Grote, deceased, who was her husband. By the first' of the four exceptions the exceptants object to the account because the accountant has not charged herself with certain money deposited by her intestate in the Bank for Savings of the city of New York, and which she drew therefrom after his death. The amount deposited was $1,000, and the sum drawn was $1,035.40, the amount deposited…

2Cases cited2 opinions

  1. Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
  2. Brown v. BrownNew York Supreme Court · 1857

3Cited by1 opinion

  1. Commercial Trust Co. v. WhiteNew Jersey Court of Chancery · 1926

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