# Roughan v. Chenango Valley Savings Bank

> Appellate Division of the Supreme Court of the State of New York · November 12, 1913 · 158 A.D. 786

URL: https://www.frixlaw.com/law-library/cases/5229939

## Case

- **Full name:** Anna Roughan v. Chenango Valley Savings Bank
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 12, 1913
- **Citations:** 158 A.D. 786; 144 N.Y.S. 508; 1913 N.Y. App. Div. LEXIS 8162
- **Precedential status:** Published
- **Opinion:** Concurrence by Kruse
- **Judges:** Kruse, Merrell
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5229939

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5229939. Public record. Not legal advice.