150 N.Y.S. 365 | N.Y. App. Div. | 1914
The husband and wife became joint tenants of the $14,000 depositéd (Kelly v. Beers, 194 N. Y. 49, 86 N. E. 980, 128 Am. St. Rep. 543; Matter of Meehan, 59 App. Div. 156, 69 N. Y. Supp. 9; Platt v. Grubb, 41 Hun, 447; Matter of Kaupper, 141 App. Div. 54, 125 N. Y. Supp. 878; Kelly v. Home Savings Bank, 103 App. Div. 141, 92 N. Y. Supp. 578; Sanford v. Sanford, 45 N. Y. 723; McElroy v. Albany Savings Bank, 8 App. Div. 46, 40 N. Y. Supp. 422, and the husband was not ousted from such tenancy by her withdrawal of the money and by the deposit of it elsewhere, or by loaning a part of
The decree of the Surrogate’s Court of Queens county should be reversed, without costs, and the matter remitted to the surrogate, to proceed in accordance with this opinion.
