Legal Opinion

Watson v. Watson

Supreme Court of Vermont

Decided October 15, 1896PublishedCited by 12 opinions

Trover for a savings bank deposit book. Plea, not guilty. Trial by court at the March Term, 1895, Windham County, Rowell, J., presiding. The intestate died in 1880. Sometime before, she delivered the book in question to the defendant with directions to keep it and permit the deposit to remain until the plaintiff, a son of the intestate, was dead and then to divide the deposit among her other* children. The defendant accepted and has ever since held the book for that purpose.

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Trover for a savings bank deposit book. Plea, not guilty. Trial by court at the March Term, 1895, Windham County, Rowell, J., presiding. The intestate died in 1880. Sometime before, she delivered the book in question to the defendant with directions to keep it and permit the deposit to remain until the plaintiff, a son of the intestate, was dead and then to divide the deposit among her other* children. The defendant accepted and has ever since held the book for that purpose. On September 6, ■ 1894, the plaintiff was " appointed administrator upon the intestate’s estate and before commencement…

1Opinion of the CourtThompson, J.

The question determinative of this case, is whether or not the delivery of her deposit book by the plaintiff’s intestate to the defendant, was a consummated gift of the bank deposit to the defendant in trust as stated in the finding of facts. In savings banks in this State, such *245deposit books are issued to the depositors as evidence of the indebtedness of the banks. Withdrawals of deposits are entered in the same books, so that the deposit book always, with the addition of interest, shows the actual state of the accounts between the bank and the depositor, and the entire indebtedness of the…

2Cases cited5 opinions

  1. Ridden v. . ThrallNew York Court of Appeals · 1891
  2. Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
  3. Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
  4. Hill v. StevensonSupreme Judicial Court of Maine · 1873
  5. Hackett v. MoxleySupreme Court of Vermont · 1892

3Cited by12 opinions

  1. Jacobs v. JolleyIndiana Court of Appeals · 1902
  2. Rice v. Bennington County Savings BankSupreme Court of Vermont · 1920
  3. Herbert v. SimsonMassachusetts Supreme Judicial Court · 1915
  4. Trask v. Walker's EstateSupreme Court of Vermont · 1926
  5. Brown v. CraftsSupreme Judicial Court of Maine · 1903

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