Legal Opinion

Tiber v. Heller

New York Supreme Court

Decided December 5, 1939Published

1Opinion of the CourtSchmuck, J.

This litigation demands answer to the question which epitomized may be stated in the following language: To whom does the fund on deposit belong when the deposit was created or opened by a person in another’s name in trust for a named beneficiary other than the depositor or the trustee and when the depositor dies without withdrawing any of the funds? Is the named beneficiary, the trustee or the depositor’s estate entitled to the funds of the deposit? In this issue the named beneficiary is the plaintiff, the trustee, the defendant estate of Victor Berlin, and the depositor, the defending…

2Cases cited2 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. In re the Estate of MiltonNew York Surrogate's Court · 1933

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