Sheedy v. Roach
Massachusetts Supreme Judicial Court
Contract for money had and received. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: Winifred Sheedy, the plaintiff’s intestate and wife, had $627 deposited in the Fall River Savings Bank, and held on account thereof the usual bank book issued by savings banks to their depositors.
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Contract for money had and received. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: Winifred Sheedy, the plaintiff’s intestate and wife, had $627 deposited in the Fall River Savings Bank, and held on account thereof the usual bank book issued by savings banks to their depositors. During the last illness of the intestate, the defendant, who was her sister, obtained possession of the book with an order for the whole deposit, which, on the day following her death, she drew, claiming it as a gift. It appeared that whatever passed…
1Opinion of the CourtEndicoti, J.
We have no doubt that a deposit in a savings bank may be the subject matter of a valid donatio eausd mortis, and the gift may be proved by the delivery of the bank book representing the deposit, accompanied by an assignment to the donee. As a gift inter vivas, it vests a complete title in the donee at once; as a gift in contemplation of death, the title is complete on- the death of the donor. As between the parties, the delivery of the book and assignment is all the delivery of which the subject is capable. Such a delivery may be consistent with other purposes; but if it is clear, upon the…
2Cases cited4 opinions
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Coutant v. SchuylerNew York Court of Chancery · 1829
- Clough v. CloughMassachusetts Supreme Judicial Court · 1875
3Cited by25 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Nichols v. AllenMassachusetts Supreme Judicial Court · 1881
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Barnum v. ReedIllinois Supreme Court · 1891
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