West v. McCullough
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants^. Ann ora L. McCullough and another, as administrators, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28tli day of January, .1907, upon the decision of the court, rendered after a trial, at the Kings -County Special Term. George W. McCullough had his money deposited in- the Williams-burgh Savings Bank in his sole name.
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Appeal by the defendants^. Ann ora L. McCullough and another, as administrators, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28tli day of January, .1907, upon the decision of the court, rendered after a trial, at the Kings -County Special Term. George W. McCullough had his money deposited in- the Williams-burgh Savings Bank in his sole name. He caused the account and bank book to be changed to his wife -and' himself as follows: “Hester A. McCullough and George W. McCullough.” Thereafter no deposits were…
1Opinion of the Court
Milleb, J.:
When George W. McCullough changed the savings bank account to the names of himself and wife he had controlling authority for believing that that act evidenced an intention on his part to benefit his wife to the extent of a right of survivorship in said fund, and that' nothing remained to be done to effectuate that intention. (Borst v. Spelman, 4 N. Y. 284; Sanford v. Sanford, 45 id. 726; S. C., 58 id. 69.) The rule of those cases has been regarded as sét-' tied law (Fowler v. Butterly, 78 N. Y. 68, 72; Augsbury v. Shurtliff, 180 id. 138, 147; De Puy v. Stevens, 37 App. Div. 289,…
2Cases cited8 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- Fowler v. . ButterlyNew York Court of Appeals · 1879
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by55 opinions
- Moskowitz v. MarrowNew York Court of Appeals · 1929
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
- In re the Judicial Settlement of the Account of KaupperAppellate Division of the Supreme Court of the State of New York · 1910
- Malone v. SullivanSupreme Court of Kansas · 1932
- O'Brien v. BieggerSupreme Court of Iowa · 1943
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