Matthews v. . Brooklyn Savings Bank
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 14, 1912, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 14, 1912, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Whether a deposit in a savings bank by one in trust for another operates as a gift to the beneficiary, is a question of fact and must be decided upon the facts in each individual case. The intention of the donor is the controlling factor, and the gift…
1Opinion of the CourtCollin, J.
The action is to procure the adjudication that certain moneys deposited by Mary Kelly, now deceased, in The Brooklyn Savings Bank, in trust for the respondent, and not withdrawn, are owned by the respondent. The appellant asserting that they belonged to Mary Kelly at the time of her death claims them by virtue of her will.
The following facts were found-by the Special Term: On July 26, 1904, Mary Kelly deposited in the savings bank $2,839.00 belonging to herself, and received from it a pass book in which the deposit was evidenced by the writing: “ The Brooklyn Savings Bank in account with Mary…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Hemmerich v. Union Dime Savings InstitutionNew York Court of Appeals · 1912
3Cited by16 opinions
- Helfrich's Estate v. Commissioner of Int. Rev.Court of Appeals for the Seventh Circuit · 1944
- In re PetersenNew York Surrogate's Court · 1929
- Bearinger's EstateSupreme Court of Pennsylvania · 1939
- Eredics v. Chase Manhattan Bank, N.A.New York Court of Appeals · 2003
- Tibbitts v. ZinkAppellate Division of the Supreme Court of the State of New York · 1931
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