From Casetext: Smarter Legal Research

Haux v. Dry Dock Savings Institution

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1896
2 App. Div. 165 (N.Y. App. Div. 1896)

Summary

In Haux v. Dry Dock Savings Institution (2 App. Div. 165; affirmed, 154 N.Y. 736) William Haux deposited in the Dry Dock Savings Institution a small sum in trust for three of his children.

Summary of this case from Matter of Totten

Opinion

March Term, 1896.

Hector M. Hitchings, for the appellants.

Joseph Rowan, for the respondents.

Present — VAN BRUNT, P.J., WILLIAMS, PATTERSON, O'BRIEN and INGRAHAM, JJ.



The rule now established in this State is that whether or not a trust was created depends upon the intention of the donor at the time of the opening of the account and of the deposits made in the bank, and that question is a question of fact to be determined in each particular case from the acts and declarations of the parties and the circumstances surrounding the transaction at the time of the performance of the several acts. ( Cunningham v. Davenport, 147 N.Y. 43.) We think it clear in this case that there was evidence before the trial court to sustain his findings; that there was no intention upon the part of the depositor to create a trust in respect to the balance remaining in bank at the time of his death, and that that finding should not be interfered with on appeal.

The judgment, therefore, should be affirmed, with costs.


Judgment affirmed, with costs.


Summaries of

Haux v. Dry Dock Savings Institution

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1896
2 App. Div. 165 (N.Y. App. Div. 1896)

In Haux v. Dry Dock Savings Institution (2 App. Div. 165; affirmed, 154 N.Y. 736) William Haux deposited in the Dry Dock Savings Institution a small sum in trust for three of his children.

Summary of this case from Matter of Totten
Case details for

Haux v. Dry Dock Savings Institution

Case Details

Full title:WILLIAM HAUX, as Executor, etc., of WILLIAM HAUX, Deceased, and Others…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1896

Citations

2 App. Div. 165 (N.Y. App. Div. 1896)
37 N.Y.S. 917

Citing Cases

Williams v. Brooklyn Savings Bank

( Mabie v. Bailey, supra, 206, 211; Hyde v. Kitchen, 69 Hun, 280.) None of the cases cited by the learned…

Washington v. Bank for Savings

If at the time Margaret Hunter deposited with the defendant the moneys represented by the two books in…