Legal Opinion
In re the Estate of Krycun
New York Court of Appeals
Decided May 28, 1969PublishedCited by 8 opinions
1Opinion of the CourtScileppi, J.
The order appealed from should be reversed for the reasons stated by Justice Mtjitoeb. in his dissenting opinion at the Appellate Division. We merely add the following to further amplify our position.
As was stated in Matter of Totten (179 N. Y. 112, 126): “ In case the depositor [of a Totten Trust] dies before the beneficiary without revocation, or some decisive act or declaration of disaffirmance, the presumption arises that an absolute trust was created as to the balance on hand at the death of the depositor.”
*713This presumption may be overcome, however, if the will of the depositor manifests…
2Cases cited6 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- In re PetersenNew York Surrogate's Court · 1929
- Walsh v. . Emigrant Industrial Savings BankNew York Court of Appeals · 1922
- Walsh v. Emigrant Industrial Savings BankAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of DeneffNew York Surrogate's Court · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Matter of Estate of BolSouth Dakota Supreme Court · 1988
- Serpa v. North Ridge BankDistrict Court of Appeal of Florida · 1989
- Eredics v. Chase Manhattan Bank, N.A.New York Court of Appeals · 2003
- In re the Estate of SilberkastenNew York Surrogate's Court · 1979
- In re the Estate of FlynnNew York Surrogate's Court · 1983
3 more not listed; retrieve them via the Exa API.