LONG ISLAND SAV. BANK v. SAVAGE


116 A.D.2d 512 (1986)

Long Island Savings Bank, Appellant, v. Alice Savage, Individually and as Administratrix of The Estate of Roxanna Edwards, Deceased, et al., Respondents

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

January 23, 1986


We affirm this order recognizing, as the dissent points out, that we are invoking a highly technical requirement of the law. However, the statute involved, EPTL 7-5.2, was clear and unambiguous in providing the only means by which a Totten trust could be revoked at the time in question. Moreover, contrary to the assertion in the dissent, the result we reach is far from unjust under the circumstances giving rise to this action.

The facts, which are presented...

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