Bank Deposits: Trust Deposits, Alternate Deposits, Joint Deposits : a Full Statement of the General Principles of Law Governing These Forms of Deposits. Digests of All Cases Involving Such Deposits which Have Been Decided by the Courts of the Different States. Complete Text of the Statutes Regulating These Deposits, which Have Been Enacted in Twenty-seven StatesBanking Law Journal, 1911 - 319 pages |
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Page iii
... intention of the depositor . And instances are not wanting wherein these accounts have proved a source of trouble , and even of pecuniary loss , to the banks which accepted them . These facts were called to the attention of the author ...
... intention of the depositor . And instances are not wanting wherein these accounts have proved a source of trouble , and even of pecuniary loss , to the banks which accepted them . These facts were called to the attention of the author ...
Page 4
... intention of the depositor di- vesting himself of ownership in the money . " In another New York case , which , while it did not involve a trust deposit , has been referred to by the courts in passing upon such deposits , it was said ...
... intention of the depositor di- vesting himself of ownership in the money . " In another New York case , which , while it did not involve a trust deposit , has been referred to by the courts in passing upon such deposits , it was said ...
Page 5
... intention , and so a question of fact . None of them hold that a trust is conclusively constituted by the deposit itself . Some go so far as to hold that a deposit in the name of another , without any mention of a trust , is still open ...
... intention , and so a question of fact . None of them hold that a trust is conclusively constituted by the deposit itself . Some go so far as to hold that a deposit in the name of another , without any mention of a trust , is still open ...
Page 6
... intention has taken the requisite steps to create a trust , the courts will dispose of the fund in accordance with such intention . On the other hand , al- though the money is deposited in the form of a trust account , if it is shown ...
... intention has taken the requisite steps to create a trust , the courts will dispose of the fund in accordance with such intention . On the other hand , al- though the money is deposited in the form of a trust account , if it is shown ...
Page 9
... intention to create a trust , without acts , is not sufficient . It has been held that frequent declara- tions on the part of a depositor , to the effect that money deposited in his name belongs to another , will not create a trust ...
... intention to create a trust , without acts , is not sufficient . It has been held that frequent declara- tions on the part of a depositor , to the effect that money deposited in his name belongs to another , will not create a trust ...
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Bank Deposits: Trust Deposits Alternate Deposits Joint Deposits; A Full ... John Edson Brady No preview available - 2017 |
Common terms and phrases
A's death account was opened administrator Aff'd Alternate Deposits amount Ann Coyle bank book beneficiary Bowery Savings Bank claimant claimed court create a trust daughter deceased delivered delivery deposit book deposited money depositor died dividends donor draw the money drew Elizabeth entitled entry evidence executor fact father fund gift causa mortis gift inter vivos held intention to create irrevocable trust James Burton Joint and Alternate joint owners joint tenancy lifetime Mary Misc money belonged N. E. Rep N. J. Eq N. Y. App N. Y. Supp name in trust niece opened an account paid parties pass book payable payment perfected gift person in trust plaintiff positor retained the pass revoke Savings Institution statute survivor tentative trust testamentary thereof transaction transfer trust account trust company Trust Deposits trust in favor trust was created valid gift valid trust vest William withdrawals
Popular passages
Page 206 - 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 a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the passbook or notice to the beneficiary.
Page 293 - And whenever any deposit shall be made by any person in trust for another, and no other or .further notice of the existence and terms of a legal and valid trust shall have been given in writing to the bank, in the event of the death of the trustee, the same, or any part thereof, together with the dividends or interest thereon, may be paid to the person for whom the said deposit was made.
Page 300 - State in the names of two persons, payable to either, or payable to either or the survivor, such deposit, or any part thereof, or any interest or dividend thereon, may be paid to either of said persons, whether the other be living or not; and the receipt or acquittance of the person so paid shall be a valid and sufficient release and discharge to the bank for any payment so made.
Page 112 - If it is intended to take effect by transfer, the court will not hold the intended transfer to operate as a declaration of trust,* for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Page 290 - ... during the lifetime of both or to the survivor after the death of one of them and such payment and the receipt or acquittance of the one to whom such payment is made shall be a valid and sufficient release and discharge to...
Page 286 - When a deposit has been made or shall hereafter be made, in any bank or trust company transacting business in this State in the names of two or more persons, payable to either, or payable to either or the survivor, such deposit, or any part thereof, or any interest or dividend thereon, may be paid to either of said persons...
Page 289 - ... and may be paid to either during the lifetime of both or to the survivor after the death of one of them...
Page 294 - When a deposit shall be made by any person in the names of such depositor and another person and in form to be paid to either or the survivor of them...
Page 26 - In case the depositor dies before the beneficiary without revocation or some decisive act or declaration of disaffirmance, the presumption arises that an absolute trust was created as to the balance on hand at the death of the depositor.
Page 292 - When a deposit is made in the name of two or more persons, deliverable or payable to either or to their survivor or survivors, such deposit or any part thereof, or increase thereof, may be delivered or paid to either of said persons or to the survivor or survivors in due course of business.