Provident Institution for Savings v. Bolton

This is an interpleader suit involving a fund of approximately $2,121.37 and interest in the complainant's bank in an account entitled "Thomas J. Brehoney, Trustee for Edward Howgate." Brehoney died on May 15th, 1945, a resident of the City of Newark, New Jersey, leaving a will which was probated June 7th, 1945, in which the defendant Thomas Bolton, his nephew, was named executor. Howgate, a resident of Philadelphia, Pennsylvania, is also a nephew of the decedent, and claims the fund as the cestuique trust. Bolton, as executor, claims the proceeds of the account as an asset of the decedent's…