Legal Opinion

Eredics v. Chase Manhattan Bank

New York Supreme Court

Decided September 26, 2000PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Leonard B. Austin, J.

In this case, the applicability of the long-standing rule enunciated in Matter of Totten (179 NY 112 [1904]), which was codified in EPTL 7-5.2, has been called into question in the context of the estate of a divorced settlor/depositor who never revoked the Totten trust accounts he created during marriage which continued to run in favor of his former wife after their divorce and upon his death.

Background

Plaintiff married Nick G. Nicholas on November 10, 1975. They remained together until approximately 1990, when they physically separated. They entered…

2Cases cited12 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Andre v. PomeroyNew York Court of Appeals · 1974
  4. In Re the Accounting of TottenNew York Court of Appeals · 1904
  5. Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972

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3Cited by1 opinion

  1. Eredics v. Chase Manhattan Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2002

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