Wright v. Smith

Deram Mills died testate. After his grandson, defendant Smith, had acted as executor for a time he was removed, and plaintiff was appointed administrator. The question is on the executor’s refusal to account for funds which he had received on four certificates of deposit. The deposits were made in a bank by Mr. Mills and the certificates were made “payable in current funds to the order of himself or Gordon M. Smith or their survivor.” Defendant had judgment notwithstanding the verdict and plaintiff brings error.

Under the statute (2 Comp. Laws 1915, § 8040), and the decisions (see In re…