Wescott v. First & Citizens National Bank

Defendants’ Appeal.

Devin, J.

The question presented by the defendants’ appeal is whether the facts found by the trial judge, which were unquestioned, were sufficient to constitute an express trust in favor of the plaintiff with respect to the deposits made in defendant Bank by the deceased soldier.

Ulysses C. Robbins was a sergeant in the United States Army serving in 1945 in Italy in a Quartermaster Truck Company. During this time deposits were made by him and accepted by the -Bank pursuant to instructions contained in a typewritten letter from Robbins to the Bank, dated Italy, 15 January,…