Weaver v. Emigrant
New York Supreme Court
Trial by the court. Cynthia S. Weaver brought four separate actions against the Emigrant Industrial Savings Bank and three other' savings banks in the city of New York, joining as defendant, Abram Lott, as the executor of the will of Isaac S. Allen, her father, to establish that certain deposits were made in trust for her benefit. It was found that Isaac S; Allen, in his lifetime, made separate deposits, to a considerable amount, in each of the said banks.
Read the full summary
Trial by the court. Cynthia S. Weaver brought four separate actions against the Emigrant Industrial Savings Bank and three other' savings banks in the city of New York, joining as defendant, Abram Lott, as the executor of the will of Isaac S. Allen, her father, to establish that certain deposits were made in trust for her benefit. It was found that Isaac S; Allen, in his lifetime, made separate deposits, to a considerable amount, in each of the said banks. In the case of the Emigrant Industrial Savings Bank, the deposit bank-book or pass-book, at Allen’s request, was made out thus: “ Isaac S.…
1Opinion of the CourtVan Vorst, J.
—This case and the three others are disposed of by Martin v. Funk (75 N. Y. 134). By the deposit of the money in the savings bank, the title to the money was changed from the depositor individually to himself as trustee for his daughter. The facts show the intention on the part of the depositor to create the trust. His will, thereafter made, could not affect or dispose of this property.
The retention of the pass-books by the testator is not inconsistent with the trust. _ He would be presumed to hold them as trustee, and to hold the same for the purposes of the trust.
It appears that the…
2Cases cited7 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Willis v. . SmythNew York Court of Appeals · 1883
- Schoenwald v. . Metropolitan Savings BankNew York Court of Appeals · 1874
- Israel v. Bowery Savings BankNew York Court of Common Pleas · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hyde v. KitchenNew York Supreme Court · 1893