Scallan v. Brooks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Brooks, as executor, etc., of Bridget Steggels, deceased, substituted in place of the Bowery Savings Bank, from a final judgment' of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of July, 1900, upon the report of a referee,, adjudging that certain moneys deposited by Bridget Steggels in the-Bowery Savings Bank was a valid gift to the plaintiff, and ordering that the same…
Read the full summary
Appeal by the defendant, John Brooks, as executor, etc., of Bridget Steggels, deceased, substituted in place of the Bowery Savings Bank, from a final judgment' of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of July, 1900, upon the report of a referee,, adjudging that certain moneys deposited by Bridget Steggels in the-Bowery Savings Bank was a valid gift to the plaintiff, and ordering that the same be paid over to him.
1Opinion of the Court
Patterson, J.:
The defendant .appeals from a judgment entered upon the report-of a referee in favor of the plaintiff in an action brought to recover an amount on deposit in a savings bank in an account opened by one Bridget Steggels “in trust for John T. Scallan.” The contest is between Scallan and Brooks, the executor of the last will and testament of Bridget Steggels. The real question in. the case relates to-the ownership of this money on deposit. Does it belong to the= plaintiff or is it assets of the estate of Mrs. Steggles passing to her executor ?
From the evidence it is quite clear that…
2Cases cited2 opinions
- Farleigh v. . CadmanNew York Court of Appeals · 1899
- Williams v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Collins v. Collins' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- In re the Final Accounting of BiggarsNew York Surrogate's Court · 1902
- In re the Judicial Settlement of the Account of RoseNew York Surrogate's Court · 1901