Legal Opinion

Claim of Strail v. Estate of Suter

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 1931PublishedCited by 5 opinions

1Opinion of the CourtTaylor, J.

On October 16, 1924, decedent Jane E. Suter changed a balance of $2,142.96 standing as a deposit in her name in the Security Trust Company of Rochester, N. Y., to a deposit in the names of herself and Jane E. Strail, the claimant, the words “either or the survivor may draw” being then stamped at the *46head of the account in the bank book. The presumption is that this created a joint tenancy. (Banking Law, § 198.) The same presumption would have existed had the money been deposited in a bank or a savings bank. (Banking Law, §§ 148, 249, subd. 3.) This presumption was rebuttable at any time…

2Cases cited2 opinions

  1. Moskowitz v. MarrowNew York Court of Appeals · 1929
  2. Marrow v. MoskowitzNew York Court of Appeals · 1931

3Cited by5 opinions

  1. In re the Estate of FilfileyNew York Surrogate's Court · 1970
  2. Vincent v. GustkeWest Virginia Supreme Court · 1985
  3. Jurdak v. FigueroaNew York Supreme Court · 1961
  4. In re the Estate of GugginoNew York Surrogate's Court · 1936
  5. Kleinberg v. HellerNew York Court of Appeals · 1976

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API