The opinion
Kruse, P. J. (concurring):
I concur with Mr. Justice Merrell, except I am inclined to think that a tentative trust was established, but it was revocable by the depositor during her lifetime (Matter of Totten, 179 N. Y. 112, 125 ; Matter of United States Trust Co., 117 App. Div. 178 ; affd., 189 N. Y. 500 ), and she having done so, the trust never became effective. She is, therefore, entitled to recover the moneys.
Judgment reversed and new trial granted, with costs to appellant to abide event.