Backer v. City Bank & Trust Co.

Hutcheson, Justice.

The Court of Appeals desires instructions from this court as to the proper answers to the following questions, which are necessary to a proper decision of this case:

"1. Where a bank depositor dies, leaving an amount on general deposit to his account, less than his indebtedness to the bank on his matured promissory notes to the bank, would the deposit become an asset of the decedent’s estate, as against a properly asserted claim of the bank, so that the deposit might be legally set apart as a year’s support for the widow and minor child ? See, in this connection, Ray v.…