In re Estate of Damato
Superior Court of New Jersey, Appellate Division
206 A.2d 171 (1965)
Joseph Damato opened two savings accounts in banks located in Florida. The accounts were to be held in trust for Joseph’s son, Philip, until after Joseph’s death. Joseph died a resident of New Jersey. Joseph’s other son, James, was named the executor of his father’s estate. James filed a petition in New Jersey probate court seeking instruction regarding the disposition of the two savings accounts in Florida. James argued that the probate court should apply Florida’s conflict-of-law rules but not Florida substantive law. The probate court disagreed and applied Florida substantive law. Under Florida law, the court held that Joseph’s savings accounts were Totten trust accounts, which require that the balance be paid to a specific beneficiary upon the individual’s death. The probate court awarded the balance in each savings account to Philip. James appealed, arguing that the probate court should have applied the doctrine of renvoi to determine ownership of the Florida accounts.
Rule of Law
Holding and Reasoning (Labrecque, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.