Birnbaum Estate

Shoyer, J.,

The beneficiary of a tentative trust, which was withdrawn by testator in his lifetime, makes claim to the sum of $10,000, which had been maintained in the savings account for a period of years. The auditing judge found as a fact that decedent had no intention to make the savings account irrevocable and dismissed the claim. To this finding, and also the ruling of the court excluding the testimony of claimant, exceptions have been filed.

Decedent opened the savings account on August 29, 1955, in the Liberty Real Estate Trust Company with a deposit of $1,636.14. The account was…