In re Estate of Damato
Superior Court of New Jersey, Appellate Division
206 A.2d 171 (1965)
Joseph Damato, a New Jersey resident, had opened two Totten trust savings accounts in Florida banks held in trust for his son Philip (defendant) until Joseph's death; Joseph's other son James (plaintiff), as executor, sought New Jersey probate court instruction on how to distribute the Florida accounts, arguing the court should apply Florida's conflict-of-law rules (rather than its substantive trust law) under the doctrine of renvoi. The probate court instead applied Florida's substantive law directly, which recognized these as valid Totten trusts requiring payment to the named beneficiary (Philip) upon death, and James appealed.
Whether a forum state probate court, resolving the disposition of foreign Totten trust bank accounts, should apply the substantive law of the state where the accounts are located, or instead apply that state's own conflict-of-law rules under the doctrine of renvoi.