(DOWNLOAD) "Ball v. Forbes" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Ball v. Forbes
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DOLAN, J. This is an action of contract brought by the administrator of the estate of James Edward Bronson, also called Edward Bronson, for money had and received to the use of the plaintiff. The case was referred to an auditor and was subsequently tried before a jury on the auditor's report and other evidence. The findings of the auditor are summarized in the record, and are, in substance, as follows: In January, 1936, the intestate caused a savings bank deposit, which stood in the name of his deceased wife, to be transferred to the defendant and himself self 'as joint tenants _____ either to draw _____ survivor to take all.' In the same month he caused another savings bank account, which stood in the name of his deceased wife, to be changed so that the caption read: 'In account with Oct. 10, 1929 James E. Bronson, Jan. 16, 1936 or Florence E. Forbes. Payable to either or the survivor.' In the same month the intestate opened a new account in a savings bank, 'In account with James E. Bronson or Florence E. Forbes. Payable to either or survivor.' On February 6, 1936, a new account was opened in another savings bank, 'In account with _____ joint account. To be drawn by either party or the survivor of them James E. Bronson or Florence E. Forbes.' In each instance the defendant accompanied the intestate and signed a card at the bank. Except in one instance of a withdrawal of $100 made by the defendant at the request of the intestate, the latter made the withdrawals himself from the four banks, one hundred five in all, and used the sums withdrawn for his own living and household expenses. The defendant 'never exercised any authority over the accounts to draw money as her own or for her own personal purposes' prior to the death of the intestate.