Opinion
March 28, 1949.
Present — Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ.
In a consolidated action, both appellant, and respondent Mabel Thomas, also known as Mable Thomas, sought to recover from a savings bank the amount of an account established by appellant's deceased spouse in trust for said respondent, which appellant contended was an illusory transfer made to defeat her rights as surviving spouse under the provisions of the Decedent Estate Law. Judgment in favor of respondent Mabel Thomas, etc., against the bank for the amount of the account, and dismissing the complaint of the appellant, unanimously affirmed, with costs to said respondent. The evidence was sufficient not only to sustain the finding that the deposit in trust for respondent Mabel Thomas, etc., was not an illusory transfer, but also to establish that the trust had become irrevocable before the death of appellant's intestate, as a consequence of the delivery of the savings bank passbook to said respondent, with intent to complete the gift. ( Matter of Totten, 179 N.Y. 112; Stockert v. Dry Dock Sav. Inst., 155 App. Div. 123; Davlin v. Title Guar. Trust Co., 229 App. Div. 269; Tibbitts v. Zink, 231 App. Div. 339.)