Peoples Savings Bank v. Webb

Stiness, J.(1) The question in this case is whether James H. Webb, by depositing money in a savings bank in his own name as trasteé for his son, Fred E. Webb, constituted a trust, in the absence of any intent on his part so to do, other than in case of his death, and also, in the absence of any other evidence of a present intent, either by notice to the beneficiary or otherwise. Two points are involved : First, whether a trust is created by the terms of the deposit, as a conclusion of law ; and, second, whether the testimony of the depositor is now admissible, as to his intention at the time…