Public-domain · open source
OpenJurist

10 N.J. Super. 185

76 A.2d 836

Hoey v. Dell

WILLIAM GEORGE HOEY, EXECUTOR OF THE LAST WILL AND TESTAMENT OF MARY JANE HOEY, PLAINTIFF-APPELLANT, v. ANNA HOEY DELL, DEFENDANT-RESPONDENT.

New Jersey Superior Court Appellate Division

Argued November 6, 1950.

Decided November 20, 1950.

New Jersey Superior Court Appellate Division · decided 1950-11-20

Cited by 5 later decisions — most recently July 1994

5 state decisions

Relies on Hickey v. Kahl · Rowland v. Rowland · 112 N.J. Eq. 218 - Long Branch Banking Co. v. Winter

Good law ✅— No negative treatment on recordhow we know

Decided 1950-11-20

View the full empirical analysis of this case →

¶1*186 Before Judges JACOBS, EASTWOOD and BIGELOW.

¶2Mr. Edward R. McGlynn argued the cause for the appellant (Messrs. McGlynn, Weintraub & Stein, attorneys).

¶3Mr. Walter P. Reilly argued the cause for the respondent (Messrs. Sanderson & Engel, attorneys).

¶4The opinion of the court was delivered PER CURIAM.

¶5The testimony presented below is set forth in the opinion filed by Judge Stein and reported at 7 N.J.*187Super. 398 (Ch. Div. 1950); we agree with his conclusion that it established a valid gift on Thanksgiving Day, 1948, from the decedent to the defendant of the sum on deposit in the savings account at the Savings Investment and Trust Company of East Orange.

¶6The appellant urges that under R.S. 2:97-2 the court should have excluded the defendant's testimony of her conversation with the decedent at the time of the gift. However, the first objection to this testimony was not made until long after it was completed; it came too late. See Rowland v. Rowland,40 N.J. Eq. 281, 284 (E. & A. 1885). Furthermore, it was admissible since the complaint included a charge of misrepresentation, fraud and deceit. See Neuman v. Fantl,119 N.J. Eq. 351, 355 (E. & A. 1935).

¶7The appellant further urges that the gift was incomplete because the withdrawal slip was signed by the decedent in blank. We consider this point to be without merit. The delivery of the savings bank book with donative intent, plus the signed withdrawal slip with authority in the defendant to fill it in, effectively stripped the decedent of dominion and control of the account; indeed, our courts have recognized the validity of such gift even where the delivery of the book was not accompanied by any withdrawal slip. See In re Curran,3 N.J. Misc. 717 (Orphans Ct. 1925); Hickey v. Kahl,129 N.J. Eq. 233, 238 (Ch. 1941). Cf. Long Branch Banking Co. v. Winter,112 N.J. Eq. 218, 220 (E. & A. 1933).

¶8The judgment is affirmed.

/10/njsuper/185 · .json · Public domain