Herrick v. Hamilton

The plaintiff seeks to recover a deposit in the First National Bank of Bainbridge, N. Y., in the names of Libbie Hamilton and Orie L. Herrick, “ payable to the order of either, or in the event of death, to the survivor.” They were daughters and sole legatees of Emma R. Fosbury, who died October 26, 1929. By her will she requested that her daughters, or the survivor, make provisi n by will or otherwise so that such of her estate as her daughters had not used at the time of their decease would become a trust for the use and benefit of the Union Valley church. This request concluded: “ This…