Salles v. Loane

PRESTON, J.

This is an appeal from a judgment in favor of defendants, sustaining their rejection of a claim presented by plaintiff against the estate of Abraham Loane, deceased.

The facts as found by the court follow: Upon the death of one John Loane there was distributed to Abraham Loane, for the full term of his natural life, with remainder to his two daughters, Alice A. Salles and Mabelle Donahue, share and share alike, certain real property occupied by a lessee, who had the privilege, under an option clause in the lease, of purchasing said property within a specified time for the sum of $15,000. The lessee duly exercised said option and received a deed to the property from Abraham Loane as life tenant and from his said daughters as remaindermen, paying these parties the sum of $15,000 therefor.

Said three parties thereupon agreed to and did expend $1,000 of said sum for the adornment of a family cemetery plot; $2,000 thereof was given to Alice A. Salles and $2,000 to Mabelle E. Donahue. This left a balance of

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$10,000, which they deposited in joint and survivorship savings accounts in two banks under written agreement executed by all three of them “by virtue of which it was understood and agreed by said three parties and the respective banks in which said moneys were so deposited, that the moneys therein deposited might be withdrawn upon the written order of either of the three persons whose names were signed to the contract, and without reference to the original ownership of the moneys deposited.”

Pursuant to this agreement and to their further mutual understanding that said sum of $10,000 and interest thereon should be drawn upon by said Abraham Loane during his lifetime for his maintenance and support, and that upon his death the balance thereof should belong, share and share alike, to his said daughters, Abraham Loane withdrew from time to-time during the remaining six years or so of his life from said savings accounts various sums, which he used for his support, all withdrawals being so made by him with the consent and knowledge of his said daughters and pursuant to the agreement above set forth. Upon his death the total sum remaining on deposit was $2,559.04, one-half of which, or $1,279.52, was paid to Alice A. Salles and the other half to said Mabelle B. Donahue.