In The Matter Of The Estate Of Joseph Damato

206 A.2d 171 (1965)

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Nature of the Case

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Facts

Joseph died on November 6, 1960, a resident of Paterson, New Jersey. His will was admitted to probate by the Surrogate of Passaic County, his son P qualifying as the executor thereof. On July 26, 1962, P filed a verified complaint praying, inter alia, for instructions as to the disposition of the balances remaining in two savings accounts in the Bank of Hollywood, Hollywood, Florida. Both accounts had been opened by Joseph in trust for D. At the time of decedent's death balances of $11,165.84 and $5,684.26 remained. P and D were sons of the decedent. P filed this suit to determine what to do with the balances. The trial judge held that the transactions were governed by the law of Florida, their situs, and since Florida had adopted the rule of In re Totten, 179 N.Y. 112, 71 N.E. 748, 70 L.R.A. 711 (Ct. App. 1904), they were effective to pass the balance in each account to Philip upon the death of the decedent. P appealed.