Kelly v. Home Savings Bank
New York Supreme Court
The action was begun by the plaintiff as one at law to recover of the defendant, the Home Savings Bank of Albany, the deposit in suit as a gift to her from Kate V. Beers, her mother, but subsequently the defendants, Franklin B. Beers and Harvey S. Bedell, executors of Kate V. Beers, were interpleaded as they claimed the deposit as "belonging to her estate.
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The action was begun by the plaintiff as one at law to recover of the defendant, the Home Savings Bank of Albany, the deposit in suit as a gift to her from Kate V. Beers, her mother, but subsequently the defendants, Franklin B. Beers and Harvey S. Bedell, executors of Kate V. Beers, were interpleaded as they claimed the deposit as "belonging to her estate. Hpon the trial the jury answered in the affirmative the question, submitted to them by the court, “Did Mrs. Beers intend to create a joint tenancy in herself and the plaintiff in the moneys deposited in the Home Savings Bank, the ownership…
1Opinion of the CourtHerrick, J.
In Matter of O’Connell, 33 App. Div. 483, it was said by Follett, J., that “ He who attempts to establish title to property through a gift inter vivos as against the es=*104bate of a decedent- takes upon himself a heavy burden which he must support by evidence of great probative force, which clearly establishes every element of a valid gift, viz.: that the decedent intended to divest himself of the title in favor of the donee and accompanied his intent by a delivery of the subject matter of the gift.”
It has -also been said that “ The elements necessary to constitute a valid gift are well…
2Cases cited8 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Curry v. . PowersNew York Court of Appeals · 1877
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- Hallenbeck v. HallenbeckNew York Supreme Court · 1904