McEvoy v. Boston Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contbact, by a trustee under an instrument in writing executed by Jane Lever of Boston during her lifetime, against the Boston Five Cents Savings Bank, for $1,017.50, the amount of a deposit standing in the name of Jane Lever, who died in April, 1902. Writ in the Municipal Court of the City of Boston, dated November 22, 1902. Andreas Blume was appointed administrator of the estate of Jane Lever, and thereafter was admitted as a claimant in the action.
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Contbact, by a trustee under an instrument in writing executed by Jane Lever of Boston during her lifetime, against the Boston Five Cents Savings Bank, for $1,017.50, the amount of a deposit standing in the name of Jane Lever, who died in April, 1902. Writ in the Municipal Court of the City of Boston, dated November 22, 1902. Andreas Blume was appointed administrator of the estate of Jane Lever, and thereafter was admitted as a claimant in the action. On appeal to the Superior' Court the case was tried before Aiken, C. J. The following facts appeared in evidence: On April 9, 1902, Jane Lever…
1Opinion of the CourtKnowlton, C. J.
The question in this case is whether the assignment to a trustee, made by Jane Lever, was a transfer of her property which divested her of her ownership and control during her lifetime, or whether it was in intention and legal effect an attempted testamentary disposition of such of her money as should remain at her decease. The property included in the conveyance was merely the deposits in certain savings banks. The trustee testified that she told him she intended to dispose of the property after she was dead as well as while she was living, and that she intended the instrument in place of…
2Cases cited6 opinions
- Kelley v. SnowMassachusetts Supreme Judicial Court · 1904
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
- Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
- Bailey v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Jones v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1925
- Goodrich v. City National Bank & Trust Co.Michigan Supreme Court · 1935
- Warsco v. Oshkosh Savings & Trust Co.Wisconsin Supreme Court · 1924
- Keck v. McKinstrySupreme Court of Iowa · 1928
17 more not listed; retrieve them via the Exa API.