In re the Judicial Settlement of the Account of Proceedings of Bulwinkle
Appellate Division of the Supreme Court of the State of New York
. Appeal by the Methodist Episcopal Hospital in the City of Brooklyn and another from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 7th day of April, 1904, as adjudges that a certain sum of money referred to in the account of the executors of Mary Ann Dugard, deceased, forms no part of the estate of the said Mary Ann Dugard, deceased, but belongs to the estate of Lillie M. Lahey, deceased, and directs the…
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. Appeal by the Methodist Episcopal Hospital in the City of Brooklyn and another from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 7th day of April, 1904, as adjudges that a certain sum of money referred to in the account of the executors of Mary Ann Dugard, deceased, forms no part of the estate of the said Mary Ann Dugard, deceased, but belongs to the estate of Lillie M. Lahey, deceased, and directs the executors of said Mary Ann Dugard, deceased, to pay to the respondent the said sum of money, with the accrued interest thereon.
1Opinion of the Court
Woodward, J.:
! Mary Ann Dugard, the decedent, deposited in the Williamsburgh Savings Bank, on or about ¡January 29, 1890, certain moneys in the name of “ Mary Ann Dugard, in trust for Lillie M. Lahey.” ' There, is no evidence that the said Lillie M. Lahey was ever informed of this deposit, or that she was ever given the bank book, or that any act on the part of the decedent in reference to this deposit ever came to the knowledge of the beneficiary named. With the deposit standing on the books of the bank as above stated, the said Lillie M. Lahey died on the 30th day of March, 1892, jeaving…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Beaver v. . BeaverNew York Court of Appeals · 1889
3Cited by9 opinions
- In re the Estate of VaughanNew York Surrogate's Court · 1932
- Fowler v. GowingU.S. Circuit Court for the District of Northern New York · 1907
- In re the Judicial Settlement of the Intermediate Account of DuffyAppellate Division of the Supreme Court of the State of New York · 1908
- Murray v. Brooklyn Savings BankNew York Supreme Court · 1939
- In Re Estate of CapocyAppellate Court of Illinois · 1981
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