Davis v. Ney
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court allowing the account of the executor of the last will of Mary Ney. The case was reserved by Morton, J., for the determination of the full court, on an agreed' statement of facts, in substance as follows : Previously to September 24, 1875, Mary Ney deposited in her own name, in the Union Institution for Savings in Boston, various sums of money, her sole property, at various times, which amounted, on that day, to $5220, for which she…
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Appeal from a decree of the Probate Court allowing the account of the executor of the last will of Mary Ney. The case was reserved by Morton, J., for the determination of the full court, on an agreed' statement of facts, in substance as follows : Previously to September 24, 1875, Mary Ney deposited in her own name, in the Union Institution for Savings in Boston, various sums of money, her sole property, at various times, which amounted, on that day, to $5220, for which she held six separate bank books. On September 24, by an assignment not under seal, -she assigned her deposits and delivered…
1Opinion of the CourtEndicott, J.
The delivery of the bank books to Emery, accompanied by an assignment, constituted a valid gift, and gave to him a complete title in the fund represented by the books. Foss v. Lowell Savings Bank, 111 Mass. 285. Kingman v. Perkins, 105 Mass. 111. Kimball v. Leland, 110 Mass. 325. In form, the conveyance to Emery was absolute; but it appears from the statement of facts that it was accompanied by an oral agreement, between Mrs. Ney and Emery, that he should pay her during life such sums as she wanted, and that upon her death he should pay over the balance to her son. In execution of this…
2Cases cited4 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Kimball v. LelandMassachusetts Supreme Judicial Court · 1872
- Foss v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1873
3Cited by59 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Gilman v. . McArdleNew York Court of Appeals · 1885
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