McWilliams' Estate

Klein, J.,

In considering cases involving savings fund accounts held in trust, it is wise to reexamine and study carefully In re Totten, 179 N. Y. 112 (1904). The rule of the Totten case has been followed in many States, and this case is today the cornerstone of the law pertaining to the so-called savings account or tentative trusts.

The tentative trust doctrine was adopted by our Supreme Court in Scanlon’s Estate, 313 Pa. 424, 427 (1933), in which the following quotation from the Totten case is found:

“ ‘A deposit by one person of his own money, in his own name as trustee for another, standing…