In re Schiffer's Estate
| Decision Date | 12 November 1931 |
| Parties | In the Matter of the Estate of ANNA SCHIFFER, Deceased. |
| Court | New York Surrogate Court |
Discovery proceeding to recover possession of bank book.
Settle decision and decree accordingly.
On this discovery proceeding to recover possession of a bank book in a savings bank account maintained in the form "Walter P Schiffer in trust for Ann Schiffer, mother," a paper dated more than two years prior to the death of the son in his handwriting cannot be regarded as a revocation of the tentative trust for the mother, where it appears that the son predeceased the mother, and between the date of the paper and his death, a number of deposits were made in the account.
Under the circumstances, the bank book must be regarded as the property of the estate of the mother and respondent is directed to deliver the book to the petitioner.
Platt & Friedman, for the petitioner.
Neier & Van Derveer, for the respondent.
HENDERSON S.
The respondent in this discovery proceeding is the administratrix of the estate of Walter P. Schiffer, a son of the decedent herein. It is sought to obtain possession of a bank book of the Bowery Savings Bank, No. 72778-B. The account was maintained in the following form: 'Walter P. Schiffer in trust for Anna Schiffer, mother.' The son predeceased his mother by about two months. The respondent admits that she has the bank book but claims the right to its possession as administratrix of the Walter P. Schiffer estate. She bases this claim upon a paper dated two years and six months prior to the death of Walter P. Schiffer and in his handwriting. It was lengthy and is prefaced by the statement, 'If anything should happen to me before I have an opportunity to make a will, I earnestly request my estate to be handled as follows:' It was inclosed in an envelope which directed that it be opened by a sister or a brother 'if anything should happen to me.' Contained in this writing is a paragraph as follows: 'The cash and insurance that is in my mothers name Anna Schiffer the principal to remain for my Son or if his mother is capable she shall have control (But) the interest of 3,500 Dollars shall be used for my Mother's support and if she should pass away befor my Son or wife the interest will automatically go to my son's account; and my wife if she is in good sound mind and cappable.'
The rule of law applicable to savings bank deposits made by a person in his own name as trustee for another is stated...
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