Packard v. Foster

In our opinion the recommendation of the master must be followed and title to the two deposits decreed to be in the administrator of the estate of John 0. Howell. The findings of the master that the decedent never surrendered control over the deposits to the plaintiff are amply sustained by the evidence. The plaintiff herself admitted that she never had the books, nor access to the deposit box in Howell’s name where they were kept, nor drew money from either account. It is plain that the decedent retained full control over the deposits until his death and hence there was no gift inter vivos…