Hoboken Bank for Savings v. Schwoon
New Jersey Court of Chancery
On bill of interpleader. The contest is over a sum of upwards of one thousand four hundred dollars standing on the books of the complainant’s bank to the credit of “Helena Roche or Hy Schwoon, payable to either or survivor.”
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On bill of interpleader. The contest is over a sum of upwards of one thousand four hundred dollars standing on the books of the complainant’s bank to the credit of “Helena Roche or Hy Schwoon, payable to either or survivor.” The defendant Schwoon claims under a bank-book showing the credit as above. . The defendant Seitz claims under a will of Mrs. Roche, made on the-day of November, 1898, duly admitted to probate after the decease of the testatrix, which occurred on March 2d, 1900. Mrs. Roche was a widow, without children, and had a life interest in and occupied certain living apartments in'…
1Opinion of the Court
Pitney, Y. C.
Parol evidence was given as to the relation between Mrs. Roche and the defendant Schwoon, and as to her object in making the change which she did in her bank account. The evidence satisfies me that she had a strong regard for Schwoon by reason of his kinship, and by reason of his having lived in her family for several years while an apprentice to her husband.,
It also satisfies me that after she had executed the will and deposited it in the hands of the executor she became dissatisfied with it and desired to destroy it and make Schwoon her sole beneficiary, and that she attempted…
2Cases cited4 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Howard v. Windham County Savings BankSupreme Court of Vermont · 1868
- Metropolitan Savings Bank v. MurphyCourt of Appeals of Maryland · 1896
3Cited by8 opinions
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Commercial Trust Co. v. WhiteNew Jersey Court of Chancery · 1926
- Menger v. Otero County State BankNew Mexico Supreme Court · 1940
- Eaton v. BloodSupreme Court of Iowa · 1926
- McGillivray v. First National BankNorth Dakota Supreme Court · 1927
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