Brown v. Empire City Savings Bank

Plaintiff moves for summary judgment. Defendant resists the payment of the balance to the credit of the account in issue unless plaintiff surrenders the passbook or furnishes a bond in lieu thereof. The account was established by the deceased in trust for the plaintiff. The depositor died on July 6, 1959. Plaintiff, it is said, is the sole legatee under the last will and testament of the deceased. The will has not yet been probated, but a temporary administrator-ship has been granted to the person designated in the will as executor. The passbook has not been located. Five thousand dollars was…