Kelly v. National Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah E. Kelly, from a judgment of the Supreme Court in favor of the defendant executors, entered in the office of the clerk of the county of Albany on the. 9th day of July, 1907, upon the decision of the court, rendered'after a trial at the Albany Special Term, dismissing the complaint upon the merits.
1Dissent
Cochrane, J. (dissenting):
I do not think Matter of Totten (179 N. Y. 112) requires or justifies a reversal of this judgment. That case decides that a deposit by a person as trustee for another “ standing alone * * * is a tentative trust merely revocable at will until the depositor dies or completes the gift in his lifetime by some unequivocal act.or declaration.” But when such deposit does not stand alone, but as in this case must be considered in connection with other circumstances, that presumption may be overcome and the deposit may not even amount to a tentative trust. In such a case as…
2Cases cited3 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Kelly v. Albany Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908