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HOWARD SAVINGS INST. v. KIELB

38 N.J. 186 (1962)

183 A.2d 401

THE HOWARD SAVINGS INSTITUTION, EXECUTOR AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF EVA KIELB, DECEASED, PLAINTIFF-RESPONDENT, v. WALTER KIELB, JR. (LEE S. WILSON, ADMINISTRATOR C.T.A. OF THE LAST WILL AND TESTAMENT OF WALTER KIELB, JR., DECEASED), DEFENDANT-APPELLANT, AND SOPHIA RZOCSOC, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Reargued June 4, 1962.

Decided June 29, 1962.

Attorney(s) appearing for the Case

Mr. Herbert D. Kelleher argued the cause for the estate of Walter Kielb, Jr., defendant-appellant (Messrs. Lum, Biunno & Tompkins, attorneys).

Mr. David Weinick argued the cause for plaintiff-respondent (Mr. Francis J. Tansey and Mr. David Weinick, attorneys).

Mr. George C. Witte, Jr., argued the cause for defendants-respondents Sophia Rzocsoc, et als. (Messrs. McCarter & English, attorneys).

Mr. George Warren, guardian ad litem for Blanche Mytych, defendant-respondent, argued the cause pro se.

Mr. Israel Spicer argued the cause for New Jersey Bankers Association, amicus curiae (Mr. J. Fisher Anderson, attorney).

The opinion of the court was delivered by HANEMAN, J.

Appeal is herein taken from a judgment of the Superior Court, Chancery Division, declaring that certain bank accounts in the form "Eva Kielb in trust for Walter Kielb, Jr." vested no ownership in the named beneficiary upon the depositor-trustee's death but, on the contrary, were to be administered as part of the depositor-trustee's estate.

The controversy originated...

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