Marrow v. Moskowitz

Merrell, J. (dissenting).

Plaintiff brought this action to recover the proceeds of an account in the Yorkville Bank, standing, at the time of her death, in the name of Fannie Manheimer, the plaintiff’s grandmother. The defendants are the executors of the last will and testament of said Fannie Manheimer, deceased. The pass book of the Yorkville Bank containing the entry of said moneys was found in the possession of the plaintiff after her grandmother’s death. Upon due demand being made therefor the plaintiff, on July 16, 1925, delivered said pass book to the defendants, executors, her attorney…