MATTER OF HALPERN


303 N.Y. 33 (1951)

In the Matter of Bernice Halpern, as Executrix of Henry Halpern, Deceased, Appellant. Lila L. Lerner, as Guardian of Sandra J. Lerner, Also Known as Sandra J. Siegel, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1951


Attorney(s) appearing for the Case

Sigmund Moses for appellant.

Herbert Williams and Sydney P. Rappaport for respondent.

LOUGHRAN, Ch. J., DYE and FULD, JJ., concur with DESMOND, J.; LEWIS, J., concurs in result in separate opinion in which CONWAY and FROESSEL, JJ., concur.


DESMOND, J.

Appellant-executrix seeks by this discovery proceeding to bring into the estate of her deceased husband, of whose will she is the sole beneficiary, four savings bank accounts. Each of those accounts was opened by the husband (decedent), fifteen months before his death, in his own name in trust for respondent, his infant grandchild, that is, as "Totten trusts". The balances in those four accounts, when...

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