Cleveland Trust Co. v. Scobie

The Court of Appeals, with one judge dissenting, decided in favor of the administrator, on the ground that upon the facts of the record no gift appeared to have been made, and that the deposit of Green’s funds in a savings account to the credit of himself and Mrs. Richardson, the deposit being made payable to either or survivor, was intended to be of a testamentary character, which, as it was not executed with the formality of a will, was invalid. Viewing the transaction as a testamentary disposition, it of course lacks the requisites of a valid will; and viewing it as a gift, it may be…