Colby v. Callahan

This is a petition by the administratrix of the estate of Julia G. Colby to recover for the benefit of the estate money withdrawn by the respondent after Mrs. Colby’s death from two savings bank accounts, each of which stood in the names of the deceased and the respondent, “payable to either or the survivor.” The Probate Court entered a decree in favor of the petitioner restoring the amount of the balance in the two accounts to the estate of the deceased.

The judge, following a request by the respondent under G. L. (Ter. Ed.) c. 215, § 11, filed a report of material facts wherein he stated,…