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eBook details

• Title: Greeley v. Flynn
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 10, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

DOLAN, Justice. This is a suit in equity in which the plaintiff, as he is guardian of Nelly Conway, otherwise known as Nellie Conway, an insane person, seeks to compel the defendant Flynn (hereinafter referred to as the defendant) to deliver to him a savings bank book issued by the defendant Brockton Savings Bank in the name of 'Nellie Conway, trustee for Edward J. Flynn,' and to compel the bank to pay over to the plaintiff the deposit represented by the savings bank book. The bank answering set forth that it had in its hands and possession the sum of $1,545.98 deposited on the account in question, and was holding the same 'subject to the further orders of * * * court.' The defendant answering claimed the deposit as a gift from 'Nellie Conway' and, in the alternative, that a valid trust of the deposit had been created by her for his benefit. The case was referred to a master. An interlocutory decree was entered confirming his report, and thereafter a final decree was entered that the defendant turn over and surrender the bank book in question to the plaintiff 'guardian,' and that the bank, upon presentation of the book of deposit by the plaintiff, transfer the account to him as guardian. Material facts found by the master may be summarized as follows: Miss Conway was about seventy-three years old at the time of the hearing before the master. She came to the United States about fifty-seven years ago, and worked as 'housemaid and cook' in New York and several places in Massachusetts. She was a resident of Brockton on September 9, 1935, when she was committed to the State Hospital in Foxborough. She had never married. The plaintiff was appointed guardian of her person and property on December 6, 1938. The defendant is her nephew. Prior to 1903 Miss Conway opened an account in her own name in the defendant bank. On January 21, 1926, the account was transferred into the name of 'Nellie Conway, Trustee for Edward J. Flynn.' The balance at that time was $1,881.56. On May 4, 1933, she reported the bank book as lost or stolen. On June 12, 1933, the bank issued a new 'pass' book under the same description as to the depositor. On October 9, 1933, she reported this book as 'stolen.' A new book was issued thereafter under the same designation. On the original ledger card these words were typewritten: 'Book reported lost 5/4/33. Pay no money except to Nellie Conway, but if she dies it is to go to Edward J. Flynn.' This notation was made by a teller at the request of Miss Conway on May 4, 1933. It does not appear upon the ledger cards which were made when the books were issued. She 'alone controlled the account and she alone could make withdrawals.' She intended to retain control of the account during her life and that upon her death it should become payable to the defendant. She gave the bank book to his mother 'about' November, 1933, and the latter gave it to the defendant. 'Miss Conway had no bank book except the * * * in question.' After November, 1933, she made eight withdrawals from the account and gave the sums withdrawn to the defendant.

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