BayBank Harvard Trust Co. v. Grant

This appeal raises the question 3 whether legacies of funds in a specific bank account were adeemed by reason of the fact that more than two years prior to her death, the testatrix withdrew the entire balance from that specific account, deposited those funds in her checking account at another bank, BayBank Harvard Trust Company (BayBank), and then, from time to time and as the amount in that checking account grew, invested the money in certificates of deposit. On cross motions for summary judgment, a probate judge concluded that because the funds which were the subject of the specific…