Union Trust & Savings Bank v. Tyler
Michigan Supreme Court
Appeal from Genesee; Wisner, J. Bill of interpleader by the Union Trust & Savings Bank against John H. Tyler, administrator of the estate of Esther Hynan, deceased, and Catherine Gordon to determine the title to certain money. From a decree for defendant Gordon, defendant Tyler appeals. Esther Hynan, deceased, for many years prior to her death, had a savings account with complainant’s bank.
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Appeal from Genesee; Wisner, J. Bill of interpleader by the Union Trust & Savings Bank against John H. Tyler, administrator of the estate of Esther Hynan, deceased, and Catherine Gordon to determine the title to certain money. From a decree for defendant Gordon, defendant Tyler appeals. Esther Hynan, deceased, for many years prior to her death, had a savings account with complainant’s bank. She died September 4, 1908, leaving several heirs, and among them defendant Catherine" Gordon, her daughter. Some time in the year 1906 deceased took her bankbook to complainant, an officer of which, at…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is urged by appellant, and we do not understand it to be questioned by appellee, that the indorsement upon the bankbook was testamentary in character, and wholly inoperative to convey any interest in the fund, because lacking in all the statute formalities relative to the execution of a will. There is no doubt that appellee can take nothing by virtue of the writing. We think it may be considered, however, as bearing upon the intention or desire of deceased to possess her daughter of this fund at the time of her death. At the time the indorsement was made, it is…
2Cases cited6 opinions
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Love v. FrancisMichigan Supreme Court · 1886
- Ellis v. SecorMichigan Supreme Court · 1875
- State Bank v. JohnsonMichigan Supreme Court · 1908
- Reed v. WhippleMichigan Supreme Court · 1905
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3Cited by18 opinions
- Henes v. McGovernSupreme Court of Pennsylvania · 1934
- Shepard v. ShepardMichigan Supreme Court · 1910
- Negaunee National Bank v. Le BeauMichigan Supreme Court · 1917
- Pospishil v. KempNebraska Supreme Court · 1945
- Matter of CollierMississippi Supreme Court · 1980
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