Legal Opinion

In re the Estate of Shortle

New York Surrogate's Court

Decided March 29, 1954Published

1Opinion of the Court

Rubenstein, S.

Petitioner seeks an order directing respondent to turn over to her as administratrix certain bank accounts in decedent’s name in trust for respondent, that is, “ Totten trusts. ’ ’ Respondent claims he is the owner of the accounts.

The first of the accounts was opened in 1921, three in 1930, and one in 1931. From the time of the opening of the first account until decedent’s death in 1953, a total of thirty-two withdrawals were made from the five accounts. The funds deposited were those of the decedent who gave the books to respondent for safekeeping. Whenever a withdrawal was…

2Cases cited7 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. Newman v. DoreNew York Court of Appeals · 1937
  3. In re HalpernNew York Court of Appeals · 1951
  4. In re the Estate of RasmussenNew York Surrogate's Court · 1933
  5. Murray v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1939

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