Thacher's Estate

Opinion by

Mr. Justice Simpson,

Testator, in his lifetime, was a depositor in the Aldine Trust Company, and at his death there was standing to his credit, in two accounts, the sum of $6,711.89. These his ancillary executor withdrew, and deposited the amounts thus obtained in two new accounts, which he opened in the same company, as “ancillary executor of the estate” of testator. Prom time to time deposits were made in these accounts by the ancillary executor, and cheeks were drawn thereupon. Subsequently the trust company failed, and the secretary of banking took possession of it and its…