Ward v. Newburgh Savings Bank

Noah D. Palmitier, a resident of Ulster County, died on February 29,1932, leaving an estate of approximately $17,000. He left a will which was probated on May 9, 1932, in which he named Earl Wilson Mackey as executor and trustee. Mackey qualified as executor- but so far as the record discloses he never qualified as trustee. At the time of his death decedent had on deposit in the respondent bank the sum of $5,326.93 for which he held a savings bank passbook.

On May 17, 1932, Mackey filed with the bank proof of his appointment and qualification as executor and a waiver of the State Tax…