Legal Opinion

In Re the Accounting of Fenelon

New York Court of Appeals

Decided May 23, 1933PublishedCited by 25 opinions

1Opinion of the CourtKellogg, J.

The Banking Law (Cons. Laws, ch. 2), in section 249, provides that “ when a deposit shall be made by any person in the names of such depositor and another person and in form to be paid to either or the survivor of them ” such deposit “ shall become the property of such persons as joint tenants ” and “ may be paid to either during the life time of both or to the survivor after the death of one of them.” It further provides: “ The making of the deposit in such form shall, in the absence of fraud or undue influence, be conclusive evidence, in any action or proceeding to which either such savings…

2Cases cited5 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
  3. In Re the Accounting of FenelonNew York Court of Appeals · 1933
  4. In re of Appraisal of the Estate of BuchananAppellate Division of the Supreme Court of the State of New York · 1918
  5. Kelly v. . BeersNew York Court of Appeals · 1909

3Cited by25 opinions

  1. In Re the Accounting of FenelonNew York Court of Appeals · 1933
  2. In re the Estate of McCarthyNew York Surrogate's Court · 1937
  3. In re the Accounting of RowlandNew York Court of Appeals · 1956
  4. In re the Estate of YauchAppellate Division of the Supreme Court of the State of New York · 1946
  5. In re the Estate of ThomasAppellate Division of the Supreme Court of the State of New York · 1974

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