Legal Opinion

Westervelt v. Westervelt

The Superior Court of New York City

Decided June 18, 1880Published

Exceptions ordered to be heard at general term in the first instance. The facts are fully stated in the opinion.

1Opinion of the Court

By the Court. —Freedman, J.

The action was brought by the plaintiff as administrator of the goods and chattels of Sarah Van Zandt, deceased, against the defendant, a sister of the deceased, for the conversion of certain moneys alleged to belong to the deceased at the time of her death. The defendant defended on the ground, and upon the trial showed, that the said moneys, were deposited by the deceased and the defendant in the Union Dime Savings Bank, pursuant to an agreement between them that the account should be a mutual affair and should be in such form that, in case of the death of either,…

2Cases cited18 opinions

  1. Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Gardner v. BuckbeeNew York Supreme Court · 1824
  3. Brown v. Mayor of New YorkNew York Court of Appeals · 1876
  4. Castle v. . NoyesNew York Court of Appeals · 1856
  5. Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879

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