Fyffe's Adm'r v. Lyon

Opinion of the Court by

Drury, Commissioner—

Affirming.

On January 8th, 1936, J. M. Fyffe (who then lacked but 20 days of being 85 years old) filed this suit in equity against Forest Lyon and the Bank of Blaine, and in it sought a judgment requiring the former to return to him a $1,000 time certificate of deposit issued by the Bank of Blaine (date not given) and asked that the Bank be enjoined from paying this $1,000 to anyone other than the plaintiff. On January 20th, 1936, Mr. Fyffe gave his deposition. After that he died testate (date not given, will not in record, and its provisions neither…