Williams v. Savings Bank of Santa Rosa

KERRIGAN, J.

This is an action brought by plaintiff to recover a sum of money on deposit in the defendant bank, which deposit is also claimed by the defendant Woodman as executor of the will of Laura M. N. Huntoon, deceased. Plaintiff recovered judgment, and the appeal is by said executor from an order denying his motion for a new trial.

Mrs. Laura M. N. Huntoon died at the age of eighty years, being a widow and childless. For a long time before her death she had been afflicted with paralysis and was able to get about only in a wheel-chair. She had lived with the plaintiff at the latter’s home for twelve years prior to her death, during all of which time she was taken care of by .plaintiff, and by Mrs. Laura Cragin, plaintiff’s daughter. The tie that bound these women was very close and affectionate. Mrs. Huntoon left a will dated about five years before the time of her death, by the terms of which she disposed of her estate, consisting of real and personal property estimated to be worth over one hundred and seventeen thousand dollars, dividing it among her heirs, viz., the plaintiff and some nephews and nieces. A legacy of ten thousand dollars was left to the plaintiff, and a like legacy was given the appellant, who is a nephew of said deceased. They also were each to receive under the terms of the will the residue of the estate. At the time of her death the deceased had a deposit in the defendant bank. Subsequent to making her will she had frequently expressed an intention to make provision for the plaintiff in addition to the one contained in that instrument. It was her desire often repeated so to arrange certain savings bank accounts that the plaintiff could during their joint lives draw

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on them just as she herself might do, and that upon her death any money remaining on deposit would go to the plaintiff without the necessity for probate. Accordingly, in the year 1912, she handed to her niece, Mrs. Cragin, the pass-book issued to her by the defendant bank, with instructions to take it to the bank and have the account changed in such a manner as to carry out her desires in the respect indicated. Mrs. Cragin followed these directions. The cashier of the bank, with whom Mrs. Cragin’s interview was had, requested that Mrs. Huntoon’s directions be put in writing, whereupon Mrs. Huntoon addressed a note to the bank as follows: “Will you please add my sister’s name, Mrs. M. E. Williams, to my bank account, which will make it more convenient to me.” Upon the receipt of this note the bank cashier entered the account in the pass-book as subject to the check of “Mrs. Huntoon or Mrs. M. E. Williams, either, or the survivor of them.” The book was at once returned to Mrs. Huntoon, who, after examining it, commented upon that part of the bank’s notation which referred to “the survivor,” and expressed herself as greatly satisfied with the change in the account, saying that it was just what she wanted done.