Martens v. Bethel

This action is one to impress a trust upon eight accounts in the names of the individual defendants held in three separate New York banks. Plaintiff Martens now moves for summary judgment.

Martens’ claim that the funds in question were formerly contained in nine different accounts in three Florida banks is not contradicted. These had been held jointly by plaintiff and his wife, now deceased. The defendants, the children of the deceased wife, also do not dispute the assertion that their mother withdrew the moneys in the Florida joint accounts and that these withdrawals actually constitute the…