Millspaugh v. Putnam
New York Supreme Court
Trial by the court. This action was brought by Philip Millspaugh, as executor of Charlotte Fuller, against Lewis Putnam, George B. Morse, and fifteen others, to obtain the direction of the court in regard to his trust and the distribution of the estate. Among other questions which arose in the case was the following :—The testatrix had deposited in the Greenwich Savings Bank $395 to her own credit, “ in trust for Charlotte Fuller Morse.”
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Trial by the court. This action was brought by Philip Millspaugh, as executor of Charlotte Fuller, against Lewis Putnam, George B. Morse, and fifteen others, to obtain the direction of the court in regard to his trust and the distribution of the estate. Among other questions which arose in the case was the following :—The testatrix had deposited in the Greenwich Savings Bank $395 to her own credit, “ in trust for Charlotte Fuller Morse.” Charlotte Fuller made no mention of this sum in her will. Charlotte Fuller Morse died shortly after the testatrix; and the question now arose whether this…
1Opinion of the CourtClerke, J.
Taking the bank-book, which is the only evidence presented to the court in relation to the deposit of $395, the only person who can have had a beneficial interest in it is Charlotte Fuller Morse, or her representatives. Charlotte Fuller, the testatrix, deposited this money in the bank, declaring it to be for the use of Charlotte Fuller Morse, and to be placed there in trust for her; and accordingly directed that the book should be prepared, and the entries made, in conformity with these facts. For they are facts, and not mere intentions or promises. The testatrix never made any…
2Cited by2 opinions
- Wyble v. McPhetersIndiana Supreme Court · 1875
- In re CooperNew York Surrogate's Court · 1894