Negaunee National Bank v. Le Beau
Michigan Supreme Court
Appeal from Marquette; Flannigan, J. Bill of interpleader by the Negaunee National Bank against Edward Le Beau, administrator of the estate of Euchrist Le Beau, deceased, and Sophia Charles for a decree determining the title to certain money. From a decree for defendant Charles, defendant Le Beau appeals.
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Appeal from Marquette; Flannigan, J. Bill of interpleader by the Negaunee National Bank against Edward Le Beau, administrator of the estate of Euchrist Le Beau, deceased, and Sophia Charles for a decree determining the title to certain money. From a decree for defendant Charles, defendant Le Beau appeals. A fund being on deposit in plaintiff bank at the death of Euchrist Le Beau and said sum having been claiined by Sophia Charles, daughter of said deceased, and by his administrator, .the plaintiff bank filed a bill of interpleader. The issue was framed through the filing of separate answers…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is the position of the appellant that the provision in the certificate indorsed on the ledger account and signed by the parties, to the effect that the money remaining in the account at the death of either shall belong to the survivor, is testamentary in character, and therefore void, citing Union Trust & Savings Bank v. Tyler, 161 Mich. 561 (126 N. W. 713, 137 Am. St. Rep. 523); State Bank of Croswell v. Johnson, 151 Mich. 538 *507(115 N. W. 464). In the latter case the fund in question was represented by a certificate of deposit which bore the following indorsement…
2Cases cited2 opinions
- State Bank v. JohnsonMichigan Supreme Court · 1908
- Union Trust & Savings Bank v. TylerMichigan Supreme Court · 1910
3Cited by27 opinions
- Illinois Trust & Savings Bank v. VanVlackIllinois Supreme Court · 1923
- Beach v. HollandOregon Supreme Court · 1943
- Clark v. BridgesSupreme Court of Georgia · 1927
- In Re Edwards' EstateOregon Supreme Court · 1932
- O'Brien v. BieggerSupreme Court of Iowa · 1943
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