Bauer v. Crummy

The opinion of the court was delivered by

Weintraub, C. J.

This case involves a bank account in the name of a mother and her son, payable to either or the survivor. The mother, Josephine Harz, predeceased the son, Prank. The son died a few months later. The mother’s executors brought this action to recover the balance of the account as of the time of her death. On motion, the trial court found the complaint did not state a claim for relief and gave judgment for the son’s executors. The Appellate Division affirmed in an unreported opinion. We granted plaintiffs’ petition for certification. 54 N.…