119 A.D. 35 | N.Y. App. Div. | 1907
So far as appealed from, the decree of the surrogate should be reversed. . In Matter of Totten (179 N. Y. 112, 125) the court has laid down the following rule by which controversies of this character must be decided: “ A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is
The decree must be modified by directing that the administrators account for this money, with costs to the appellants to be paid out of the estate.
Hirschberg, P. J., Gaynor, Rich and Miller, JJ., concurred.
Decree of the Surrogate’s Court of Kings county modified in accordance with the opinion of Hooker, J., and as thus modified affirmed, with costs to the appellants to be paid out of the estate. Order to be settled before Mr. Justice Hooker. .