Martin v. . Funk
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. No gift inter vivos or causa mortis was established.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. No gift inter vivos or causa mortis was established. (Irish v. Nutting, 47 Barb., 370; Grymes v. Hone, 49 N. Y., 17.) No valid trust existed because the depositor retained possession, means of possession and dominion over the property while she lived, and the cestuis que trust were ignorant of the deposits until…
1Opinion of the Court
Church, Ch. J.
The facts in this case are substantially undisputed, as found by the judge before whom the case was tried. The intestate Mrs. Boone, in 1866, deposited in the Citi zens’ Savings Bank $500, declaring at the time that she wanted the account to be in trust for Lillie Willard, who is the plaintiff. The account was so entered, and a pass-book delivered to the intestate, which contained these entries: “ The Citizens’ Savings Bank in account with Susan Boone, in trust for Lillie Willard. 1866, March 23. $500.”
A deposit of the same amount, and in the same manner, was made in trust for…
2Cases cited2 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Minor v. RogersSupreme Court of Connecticut · 1873
3Cited by226 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Gruen v. GruenNew York Court of Appeals · 1986
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