Nestlerode v. Commercial National Bank

The opinion of the court was delivered by

Burch, J.:

Nestlerode and Rebstock sued the bank on a certificate of deposit which they claimed they received as a gift from Ethan Zane in his lifetime. The public administrator intervened, and claimed the certificate as part of the a-ssets of Zane’s estate. The bank did not contest liability to. the true owner. Plaintiffs recovered, and the administrator appeals.

Ethan Zane died on. March 26, 1924, at the age of seventy-eight years. He lived alone in a crude habitation at the rear of a small dwelling house on a lot in Kansas City which he owned. Alonzo…