Nat., C., Lyndhurst v. Rutherford Trust Co.

On January 16th, 1930, Otto Walch died, testate, leaving, amongst other property, the sum of $13,670.07 in a savings account which he kept at the First National Bank of Lyndhurst, New Jersey, the complainant herein. Defendant Rutherford Trust Company, as the executor of his estate, claimed this fund as part of his estate, while defendant Lucy Szableski claimed it as a gift inter vivos to her; whereupon complainant filed its bill of interpleader. The question here presented is as to the true ownership of this fund.

From the undisputed testimony it appears that the decedent, when about thirty…