Kwoczka v. Dry Dock Savings Bank

In this action, plaintiff sues in Civil Court to recover a savings bank deposit of $7,899.66 maintained in the name of her late husband in trust for one of his sons by a prior marriage. She maintains that she is entitled to the deposit because the transfer to her stepson by means of a Totten Trust was illusory, had been disaffirmed by decedent during his lifetime, and that in fact she was a joint tenant in the property.

Plaintiff testified that she assisted her late husband in the operation of a retail glass business, all profits from which were deposited in a savings account held jointly by…