Bailey v. New Bedford Institution for Savings
Massachusetts Supreme Judicial Court
Contract by Edward B. C. Bailey, a minor, by his guardian Lydia W. Bailey, to recover a deposit of $500 in the defendant entitled “ Betsie B. Chase in trust for Edward B. C. Bailey.” Writ dated March 1, 1904. The defendant admitted that it held the deposit named in the declaration, and upon its motion Walter H. Faunce, administrator de bonis non with the will annexed of the estate of Betsie B. Chase, intervened as claimant and was made a party,to the action.
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Contract by Edward B. C. Bailey, a minor, by his guardian Lydia W. Bailey, to recover a deposit of $500 in the defendant entitled “ Betsie B. Chase in trust for Edward B. C. Bailey.” Writ dated March 1, 1904. The defendant admitted that it held the deposit named in the declaration, and upon its motion Walter H. Faunce, administrator de bonis non with the will annexed of the estate of Betsie B. Chase, intervened as claimant and was made a party,to the action. At the trial in the Superior Court before Holmes, J. it appeared that the plaintiff lived in Middleborough and that Mrs. Chase, who made…
1Opinion of the CourtKnowlton, C. J.
The money on deposit in the savings bank was originally the property of the testatrix, and there is no doubt that it remained hers up to the time of her death, unless there was a perfected gift of it to Edward B. C. Bailey in her lifetime. ■ It is clear that the mere deposit of it in her name, as trustee for him, did not deprive her of her ownership and control of it. The statement signed by her at the time of making the deposit implies that it remained her property, and subject to her control, although it indicates an intention on her part that so much, if any, of the deposit as she allowed…
2Cases cited11 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Alger v. North End Savings BankMassachusetts Supreme Judicial Court · 1888
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1871
- Cleveland v. Hampden Savings BankMassachusetts Supreme Judicial Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brown's EstateSupreme Court of Pennsylvania · 1941
- O'Hara v. O'HaraMassachusetts Supreme Judicial Court · 1935
- McEvoy v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1909
- Supple v. Suffolk Savings Bank for SeamenMassachusetts Supreme Judicial Court · 1908
- Aronian v. AsadoorianMassachusetts Supreme Judicial Court · 1943
12 more not listed; retrieve them via the Exa API.