Dirks v. California Safe Deposit & Trust Co.

CHIPMAN, C.

Plaintiff and Sarah L. Dirks were husband and wife; he was an old man, and she was a young woman; she died testate on March 21, 1900. On March 19, 1896, at San Francisco, they entered into the following written agreement :—

“Agreement between John J. Dirks and S. L. Dirks.

“I, John J. Dirks, transfer to my wife two thousand dollars, part of my money in the Humboldt Savings Bank on March 19, 1896, the interest to being drawn every six months for family use, and that I, S. L. Dirks, will not take this two thousand dollars out of the bank or banks before my husband's consent or before…