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Conflict of Laws Keyed to Brilmayer
In re Estate of Damato
Citation:
86 N.J. Super. 107, 206 A.2d 171 (1965)Facts
Joseph Damato was a resident of Paterson, New Jersey, who died on November 6, 1960. During his life, he was engaged in the waste-paper business in the Paterson area, and he had business interests in Florida. Joseph’s son, James Damato, acted as the executor of his will and filed a complaint requesting instructions as to the disposition of balances remaining in two saving accounts in the Bank of Hollywood, located in Hollywood, Florida.
Joseph’s other son, Philip, worked for his father at his waste-paper business in Paterson. Philip did not know of the Hollywood bank accounts until after Joseph’s death; the passbooks for both accounts remained in Joseph’s possession and were found among his papers in Florida.
The lower court held that the transactions were governed by the law of Florida, their situs. Since Florida adopted the rule of In re Totten, the balance would be passed to the Respondent, Philip, upon the death of Joseph. The Petitioner, James, appealed.
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