Garvey v. Clifford
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Clarke, J.:
On February 13, 1890, Patrick Sheedy deposited $3,000 in the Bowery Savings Bank in the city of Hew York and opened an account under the following title, “Patrick Sheedy in trust for Johanna Sheedy.” Sheedy kept possession of the bankbook and control of the deposit, and no one except himself and the bank had any knowledge during his lifetime that such an account had been opened. He drew the interest on such account down to the time of his death in the month of January, 1903, his last withdrawal being in February, 1902. After Sheedy’s death the bankbook was found among his effects.
Pa…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Beaver v. . BeaverNew York Court of Appeals · 1889
3Cited by6 opinions
- Fowler v. GowingU.S. Circuit Court for the District of Northern New York · 1907
- In re the Estate of FarrellNew York Surrogate's Court · 1941
- In re WoltmanAppellate Division of the Supreme Court of the State of New York · 1907
- 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 · 1907
- McWilliams' EstatePennsylvania Orphans' Court, Philadelphia County · 1940
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