Legal Opinion

Walsh v. Emigrant Industrial Savings Bank

New York Supreme Court

Decided March 15, 1919PublishedCited by 21 opinions

Action to recover a savings bank deposit.

1Opinion of the CourtDelehanty, J.

The law is well settled to the effect that a deposit by one person of his own money, in his own name, as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration, such as delivery of the pass-book or notice to the beneficiary. In case the depositor dies before the beneficiary without revocation, or some decisive act or declaration of disaffirmance, the presumption arises that an…

2Cases cited2 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. Tierney v. . FitzpatrickNew York Court of Appeals · 1909

3Cited by21 opinions

  1. In re PetersenNew York Surrogate's Court · 1929
  2. Rodgers EstateSupreme Court of Pennsylvania · 1953
  3. In re the Estate HerleNew York Surrogate's Court · 1937
  4. In re the Estate of BeaganNew York Surrogate's Court · 1920
  5. In re HudsonAppellate Division of the Supreme Court of the State of New York · 1927

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