Merigan v. McGonigle

Citations

• 205 Pa. 321
• 54 A. 994
• 1903 Pa. LEXIS 570

Syllabus

<p>Gift — Deposit in savings bank — Passbook—Intent—Evidence.</p> <p>If a trust created by deposit in a savings bank is otherwise complete and in existence at the death of the trustee, there is no good reason why it should be defeated because there is no affirmative evidence that the do-nee had notice of it during the life of the settlor.</p> <p>A savings fund society required that deposits made by one person for the benefit of another person should be expressed to be “in trust.” Another rule limited the deposits of any person during one year to $300. A person who had already a deposit in her own name opened a deposit “ in trust ” for her niece who had been a member of her family from ehildhood. The niece did not know of the deposit, and the aunt retained possession of the pass book until her death. For nine years the aunt deposited $300 each year in the trust deposit. In an action between the niece and the executor of the aunt as to the ownership of the deposit, there was evidence that the aunt had said that “ she had taken out a book” in the niece’s name at the bank, and declared that the money was the niece’s, and was deposited for her. Held, that a verdict and judgment in favor of the niece should be sustained.</p> <p>The declarations of a depositor made at the time of opening an account with a bank are evidence of his intention in making the deposit.</p>