Robertson Banking Co. v. Ebersole

This appeal is from a judgment granting the defendant's motion for new trial.

The plaintiff bank and Mrs. McClusky, as executrix under the will of Mrs. Fannie Settoon, brought an action for declaratory judgment seeking a determination of ownership of funds in the bank in the name of Mrs. Fannie DeSear Settoon, deceased. Mrs. Settoon, during her lifetime, had placed money in a savings account in the bank in the name of Mrs. Ebersole, her niece. Mrs. Settoon retained the passbook. Thereafter, Mrs. Settoon had her name added to the account and, even later, had Mrs. Ebersole's name removed from…