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WILDER v. TROY SAV. BANK

21 A.D.2d 253 (1964)

Edna M. Wilder, Respondent, v. Troy Savings Bank, Defendant and Interpleading Plaintiff. Gilbert A. Clark, Interpleaded Defendant-Appellant. (Action No. 1.) Edna M. Wilder, Respondent, v. Manufacturers National Bank of Troy, Defendant and Interpleading Plaintiff. Gilbert A. Clark, as Executor of Christine M. Gay, Deceased, Interpleaded Defendant-Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 1, 1964.

Attorney(s) appearing for the Case

Connolly, Mirch & Murphy (J. Joseph Murphy of counsel), for interpleaded defendant-appellant.

Tillott & La Fleche (Jacob M. Frankel of counsel), for respondent.

HERLIHY, J.

The actions were tried together before a jury acting in an advisory capacity which returned verdicts in favor of plaintiff. Thereafter the court found, as a matter of law, that the plaintiff was "entitled to both accounts in both banks as the surviving tenant of the joint tenancies created".

These facts are not in serious dispute. Christine M. Gay, decedent, was an elderly woman confined to...

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