Scott v. Berkshire County Savings Bank
Massachusetts Supreme Judicial Court
Two actions of contract to recover certain deposits made in the defendant bank by Betsey Ford, the administrator of whose estate intervened as a claimant of the fund, under the Pub.
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Two actions of contract to recover certain deposits made in the defendant bank by Betsey Ford, the administrator of whose estate intervened as a claimant of the fund, under the Pub. Sts, o. 116, § 31. The cases were tried together in the Superior Court, before Mason, J., who allowed a bill of excep ■ tians, in substance as follows : It appeared in evidence that Betsey Ford lived in Peru, in this Commonwealth, until her death in June, 1882, at the ag-t of over eighty years ; that she was an aunt of the plaintiffs, and lived in their father’s family when the plaintiffs were small children and…
1Opinion of the CourtW. Allen, J.
Mrs. Ford, the claimant’s intestate, deposited her money in a savings bank in the names of the plaintiffs, and the claimant is entitled to it unless his intestate made a gift to each of the plaintiffs of the money deposited in her name. Broderick v. Waltham Savings Bank, 109 Mass. 149. McCluskey v. Provident Institution for Savings, 103 Mass. 300. To constitute a gift to the plaintiff, the deposit must have been put in her name with the intention of making a gift of it to her, and it must have been accepted by her. The difference between this case and Sweeney v. Boston Five Cents Savings…
2Cases cited6 opinions
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
- Whitney v. WheelerMassachusetts Supreme Judicial Court · 1875
- Broderick v. Waltham Savings BankMassachusetts Supreme Judicial Court · 1872
- Sweeney v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Telford v. PattonIllinois Supreme Court · 1892
- Love v. FrancisMichigan Supreme Court · 1886
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
- Candee v. Connecticut Savings BankSupreme Court of Connecticut · 1908
24 more not listed; retrieve them via the Exa API.