51 N.Y.S. 192 | N.Y. App. Div. | 1898
This is a suit in equity in which the plaintiff seeks to establish his title to certain moneys which were on deposit in a savings bank in the name of his mother at the time of her- death. The defendant claims half the fund as the child of a-deceased brother of the plaintiff. The learned trial judge dismissed the complaint at the close of the plaintiff’s case, saying : “ I will find that the deceased made' no declaration of a trust. There is not a word of evidence to indicate it,” •
This disposition of the action must have proceeded on the assumption that the plaintiff could not succeed in the suit unless he proved a declaration of trust on the part of his mother. .Even so, Í am inclined to think that the plaintiff had made out his case ■ in view of the rule that any declaration, however informal, will suffice to establish a trust in personal property, provided it clearly manifests the intention of - the person making it. (Day v. Roth, 18 N.
All concurred.
Judgment reversed on the facts and the law and a new trial granted, costs to abide the final award of costs.