New York Court of Appeals

Sarah E. Kelly, Appellant v. Franklin B. Beers, as Executors of Kate v. Beers, Deceased, Respondents. the…

January 5, 1909194 N.Y. 49

Summary

The New York Court of Appeals reversed the Appellate Division and granted a new trial, holding that the mother’s actions and statements created a joint‑ownership account with survivorship in favor of her daughter. The court found that the account’s form alone does not prove intent, but the surrounding facts demonstrate the mother’s purpose, and that earlier wills do not defeat this later manifested intent.