In Re Estate of Disanto

We are of the opinion that the controlling principle in this case was settled in the case of' Rhorbacker, Exr., v. Citizens Building Assn. Co., 138 Ohio St., 273, 34 N. E. (2d), 751, 135 A. L. R., 988.

While this writer dissented in that case upon the ground that the then recent decisions of this court in similar cases had been based upon the theory of a contract between the donor and donee rather than upon a contract between the donor and the depositary for the benefit of a third person, the Rhorbacher case must now be accepted as declaring the applicable law in this state, to wit, that the…