McMahon v. Lawler

[After the foregoing statement of the case.] If we give full credence to the fact testified to by the two nieces esactly as they put it, the decree of the single justice is right. What they testified to was an admission that the deposit in question belonged to the mother of those two nieces. The legal title to the deposit was confessedly in the intestate. If the deposit belonged to the sister of the intestate (the mother- of the two nieces) it was bcause a perfected trust in the deposit had been created in favor of the sister and mother, by way of gift.

As matter of evidence it is ordinarily…