Bartlett v. Remington
Supreme Court of New Hampshire
Bill of Interpleader, brought by the administrator of Mary A. Remington, to determine conflicting claims to money deposited in a savings-bank by the deceased in her lifetime. Facts found by a referee. Mary A. Remington deposited in a savings-bank $500 in her own name “ in trust for Sarah.”
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Bill of Interpleader, brought by the administrator of Mary A. Remington, to determine conflicting claims to money deposited in a savings-bank by the deceased in her lifetime. Facts found by a referee. Mary A. Remington deposited in a savings-bank $500 in her own name “ in trust for Sarah.” The by-laws of the bank, which she signed, provided that no money should be paid without the production of the deposit-book, and that any depositor might designate, at the time of making the deposit, the person for whose benefit it was made, and the depositor and his legal representatives should be bound by…
1Opinion of the CourtBingham, J.
Parol evidence was properly received to identify the person called “ Sarah.” Hiscocks v. Hiscocks, 5 Mee. & W. 367; Trustees v. Peaslee, 15 N. H. 327; Macdonald v. Longbottom, 1 E. & E. 978; Broom Max. 617. The by-laws signed by the deceased, constituting a contract between her and the bank, to which Sarah Sturoc was neither party nor privy, it is proper to show the actual intention of the deceased. An executory trust without consideration is not enforceable. It is essential that the trust be executed* and that the equitable title and beneficial interest be vested in the cestui que trust.…
2Cases cited8 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Taylor v. HenryCourt of Appeals of Maryland · 1878
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Packard v. FosterSupreme Court of New Hampshire · 1948
- Fernald v. FernaldSupreme Court of New Hampshire · 1921
- Smith v. KimballSupreme Court of New Hampshire · 1883