(Download) "Buteau v. Lavalle" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Buteau v. Lavalle
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
CROSBY, Justice. This is a bill in equity against the executor of the will of Eugenie Castonguay, a deceased testate, to establish a trust in a deposit in the Southbridge Savings Bank, which is also made a party defendant. The case was heard by a Judge of the Superior Court who found the following facts: On March 30, 1917, Eugenie Castonguay opened an account No. 29335 in the Southbridge Savings Bank in her own name in trust for Aurore Castonguay with an initial deposit of $35. The said Aurore Castonguay was her daughter and is the plaintiff. The plaintiff was not present at the bank and knew nothing of the deposit when made. A few months later her mother told her of the deposit; the plaintiff went to the bank with her mother several times when deposits were made and saw the deposit book with her name on it. Her mother talked with her about it, and said it was to be her property after she died. Deposits were made from time to time and dividends credited to the account. On October 9, 1930, the account amounted to $997.99. During 1930 Eugenie Castonguay was ill and at a hospital. She returned home in September and the plaintiff took care of her and saw the bank book again. Early in October it was necessary for the mother to have some money. Several bank books belonging to her were produced and an order on one was made out and signed by her mark. This was attended to by the present executor of her will. The book used represented the deposit here in question. A withdrawal of $500 was made and the proceeds were used for the benefit of the testatrix. After Christmas of that year she told the plaintiff that the bank book would be hers. At the time of the decease of the testatrix she left a will and other property. At the date of her decease the account amounted to the sum of $510.42.