Clark v. Clark
Massachusetts Supreme Judicial Court
Trustee process. The defendant was defaulted, in the superior court, and the Boston Five Cents Savings Bank, who were summoned as trustees, made answer that they had in their possession $628, deposited by Betsey Abbott and credited on their books to her as trustee for the defendant. William H. Carter, administrator of the estate of Betsey Abbott, appeared as claimant.
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Trustee process. The defendant was defaulted, in the superior court, and the Boston Five Cents Savings Bank, who were summoned as trustees, made answer that they had in their possession $628, deposited by Betsey Abbott and credited on their books to her as trustee for the defendant. William H. Carter, administrator of the estate of Betsey Abbott, appeared as claimant. The issue between the plaintiff and the claimant was heard, without a jury, by Pitman, J., and reported for the determination of this court substantially as follows : Betsey Abbott deposited in the bank money belonging to…
1Opinion of the CourtChapman, C. J.
The case of Brabrook v. Boston Five Cents Savings Bank, 104 Mass. 228, is decisive of this case. The money originally belonged to Betsey Abbott, and was deposited in the bank by her; and though she deposited it in the name of “Betsey Abbott, trustee of Ann Clark,” yet she retained the book of deposit, and gave Ann Clark no notice of what she had done, nor did she know it till after Betsey Abbott’s death. By one of the by-laws of the bank, no one could draw any part of the money without producing the bank book. Even if the plaintiff could prove that she intended to create a trust, she did not…
2Cases cited1 opinion
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
3Cited by25 opinions
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
- Bath Savings Institution v. HathornSupreme Judicial Court of Maine · 1895
- Cleveland v. Hampden Savings BankMassachusetts Supreme Judicial Court · 1902
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