Roman Catholic Orphan Asylum v. Strain
New York Surrogate's Court
The evidence shows that William Harkin, the husband, and Ellen Harkin, the wife, deposited $1,400 in their joint names with and took from the Rt. Rev. Bishop Hughes a certificate of deposit, or promissory note, shewing that they had so deposited that sum—the same to be returned at a/rvy, tíme after two weeks’ notice, with interest at 5'per cent. William Harkin died intestate in the summer of 1849, leaving two children and his widow Ellen.
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The evidence shows that William Harkin, the husband, and Ellen Harkin, the wife, deposited $1,400 in their joint names with and took from the Rt. Rev. Bishop Hughes a certificate of deposit, or promissory note, shewing that they had so deposited that sum—the same to be returned at a/rvy, tíme after two weeks’ notice, with interest at 5'per cent. William Harkin died intestate in the summer of 1849, leaving two children and his widow Ellen. At the time of' his death, the said sum still remained on deposit the same as before. Shortly after William’s death, Ellen, his widow, also died, leaving a…
1Opinion of the Court
The Surrogate.
The intestate, William Harkin, deposited with the Rt. Rev. Bishop Hughes $1,200, in the joint names of himself and wife, taking as evidence of the deposit a certificate stating that “William and Ellen Harkin have $1,200 on deposit with the Rt. Rev. Bishop Hughes, to draw interest at five per cent, and to be returned at any time after two weeks’ notice.” Two other sums of $100 each, were subsequently deposited in the same manner. Ellen Harkin survived her husband; and the point is now submitted, whether the sums so deposited, are to be accounted for as part of the estate of her…
2Cases cited1 opinion
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
3Cited by5 opinions
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
- Scott v. SimesThe Superior Court of New York City · 1863
- Smith v. SpeerNew Jersey Court of Chancery · 1881
- Woodman v. PenfieldNew York Supreme Court · 1889