Thomas v. Brevoort Savings Bank

Appellate Division of the Supreme Court of New York

Thomas v. Brevoort Savings Bank

275 A.D.2d 724

Appellate Division of the Supreme Court of the State of New York·Decided March 28, 1949·Published

Opinion

The evidence was sufficient not only to sustain the finding that the deposit in trust for respondent Mabel Thomas, etc., was not an illusory transfer, but also to establish that the trust had become irrevocable before the death of appellant’s intestate, as a consequence of the delivery of the savings bank passbook to said respondent, with intent to complete the gift. (Matter of Totten, 179 N. Y. 112; Stockert v. Dry Dock Sav. Inst., 155 App. Div. 123; Davlin v. Title Guar. & Trust Co., 229 App. Div. 269; Tibbitts v. Zink, 231 App. Div. 339.) Present — Nolan, P. J., Carswell, Sneed, Wenzel and MaeCrate, JJ.

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The evidence was sufficient not only to sustain the finding that the deposit in trust for respondent Mabel Thomas, etc., was not an illusory transfer, but also to establish that the trust had become irrevocable before the death of appellant’s intestate, as a consequence of the delivery of the savings bank passbook to said respondent, with intent to complete the gift. (Matter of Totten, 179 N. Y. 112; Stockert v. Dry Dock Sav. Inst., 155 App. Div. 123; Davlin v. Title Guar. & Trust Co., 229 App. Div. 269; Tibbitts v. Zink, 231 App. Div. 339.) Present — Nolan, P. J., Carswell, Sneed, Wenzel and MaeCrate, JJ.

Thomas v. Brevoort Savings Bank, 275 A.D.2d 724 (N.Y. Ct. App. 1949).

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Opinion

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