Legal Opinion
Franklin Square National Bank v. Schiller
New York Supreme Court
Decided June 30, 1950PublishedCited by 16 opinions
1Opinion of the Court
Ferdinand I. Haber, Referee.
In this surplus moneys proceeding there are two claimants, Joseph Arnold Schiller and Natalie J. Schiller, who are husband and wife in the State of New York and will be so referred to hereafter. The nature and extent of the interest of each claimant in a surplus of $18,197.39 is to be determined. The wife claims the entire fund. The husband contends that it belongs to the claimants as tenants by the entirety and should be held indivisible until the death of one of them.
The facts undisputed are, on May 5, 1941, the claimants acquired, subject to mortgage, title to…
2Cases cited7 opinions
- Starbuck v. . StarbuckNew York Court of Appeals · 1903
- Caldwell v. CaldwellNew York Court of Appeals · 1948
- In Re the Transfer Tax Upon the Estate of McKelwayNew York Court of Appeals · 1917
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hawthorne v. HawthorneNew York Court of Appeals · 1963
- First Federal Savings & Loan Ass'n v. BrownAppellate Division of the Supreme Court of the State of New York · 1980
- Secrist v. SecristAppellate Division of the Supreme Court of the State of New York · 1954
- In Re Foreclosure of Deed of Trust Recorded in Book 911, at Page 512Supreme Court of North Carolina · 1981
- East River Savings Bank v. KindNew York Supreme Court · 1960
11 more not listed; retrieve them via the Exa API.