In re the Estate of Milton

Delehanty, g.

The executrix of deceased instituted this discovery proceeding against respondent Rebecca I. Caspar and the Greenwich Savings Bank to determine the ownership of a pass book and the funds represented thereby on deposit with respondent bank. Respondent Caspar filed an answer denying the material allegations of the petition and claiming title to the pass book and funds on deposit. Respondent Greenwich Savings Bank appeared but did not file an answer.

The evidence adduced disclosed the following facts: The disputed account is entitled “ Rebecca I. Caspar in trust for Sarah J. Milton.”…