Schluter v. Bowery Savings Bank

Daniels, J.,

(concurring.) At the common law, as it was held in this state prior to the act of 1882, a trust in personal property devolved upon the personal representative on the decease of a sole trustee. Be Peyster v. Ferrers, 11 Paige, 13. And as the laws of the state of Hew Jersey have not been shown to be different, the presumption is that it was the same there, at the time of tile transactions presented in this case. In 1872 or 1873 the depositor and trustee of the money in suit went with her husband and their infant daughter, the beneficiary named in the deposit account, to reside in…