Lattan v. Totten
New York Supreme Court
Action to recover from the estates of two deceased trustees the amounts of six trusts of money and hank stocks created for the plaintiffs by their father, the money being deposited in savings banks.
1Opinion of the Court
Gaynor, J.:
Whether the fact of a person opening a trust account in a bank for another in his own name as trustee suffices in and of itself to enable a trial court to make a finding of fact that a trust was created, is .certainly open to doubt in view of the largeness of the language in the opinions in Cunningham v. Davenport (147 N. Y. 43) and Beaver v. Beaver (117 N. Y. 430). I have heretofore *117considered the matter in Jenkins v. Baker (36 Misc. Rep. 55). The later case of Farlsigh v. Cadman (159 N. Y. 169) does not seem to do away with the difficulty of these two opinions at all, it seems to…
2Cases cited5 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Cunningham v. . DavenportNew York Court of Appeals · 1895
- Farleigh v. . CadmanNew York Court of Appeals · 1899
- Jenkins v. BakerAppellate Division of the Supreme Court of the State of New York · 1902
- Jenkins v. BakerNew York Supreme Court · 1901