Legal Opinion · Dissent

In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 25, 1907Published

Appeal by Adelaide M. Balch, as executrix, etc., from a decree of the Surrogate’s Court of the county of Mew York, entered in said Surrogate’s Court on thé 31st day of May, 1906, confirming the report of a referee against the appellant on her claim to funds represented by two certain savings bank books.

1Dissent

Ingraham, J. (dissenting):

The testator on March 15, 1873, opened two savings bank accounts, one in the Bowery Savings Bank, and the other in the Seamen’s Bank for Savings. In each of those accounts he deposited $250. In the Bowery Savings Bank the account was opened, -“Bowery Savings Bank, in account*with Alonzo W. Balch in trust for' David C. Balch, his son.” In the Seamen’s Bank for Savings it was, “.Seamen’s Bank for Savings in account with Alonzo W. Balch, in trust for David C. Balch.” From the account in the Bowery Bank there was drawn out $33.10 on February ninth, the year not stated. .…

2Cases cited3 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. In re the Judicial Settlement of the Account of Proceedings of BulwinkleAppellate Division of the Supreme Court of the State of New York · 1905
  3. Garvey v. CliffordAppellate Division of the Supreme Court of the State of New York · 1906

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