61 A. 635 | Md. | 1905
The bill in this case was filed by Ward P. Littig, executor of Kate Littig for the purpose of having a sum of money deposited in the Provident Savings Bank of Baltimore decreed to be a part of her estate. The defendants, the Vestry of Mt. Calvary Church and the Savings Bank, failed to answer. A decree pro confesso was obtained, testimony was taken and the case was referred to Alexander H. Robertson, Esq., Auditor and Master, who subsequently filed a report holding that the fund in bank should be paid to the plaintiff as executor but that it was impressed with a trust in favor of the defendant church, and he recommended that a decree be passed directing the fund to be paid over to the plaintiff, to be by him held *495 in trust for and paid to said church. A decree was passed in accordance with this recommendation, and the plaintiff appealed.
The facts are few and may be briefly stated. Miss Littig opened an account with the Provident Savings Bank of Baltimore. The bill alleges and the testimony shows that the entry on the books of the bank is as follows: "Mt. Calvary Protestant Episcopal Church, subject to the order of Kate Littig, trustee, $500." If this were all there could be no question whatever that this entry amounts to a declaration of trust in favor of the church. In the case ofMilholland v. Whalen,
But it is contended by the plaintiff that whatever may be the effect of the entry standing alone, the testimony shows that it was not the intention of Miss Littig to create a trust in favor of the church. In support of this contention reliance is placed upon the testimony of the officers of the bank which was substantially, that Miss Littig wanted to leave some money so that the Mt. Calvary Church would get it after her death, but that she did not wish to give the church the money during her life for fear she might need it herself; that her intention was if she did not draw the money during her lifetime for her own use that it should go to the church after her death and that she intended to retain control of it for her own use as long as she lived. This testimony, however, in our opinion so far from showing no trust was declared by Miss Littig only shows that she intended to reserve a power of revocation, and that her real intention as declared to one of the witnesses and testified to by him was that she wanted the church to have the money if she did not revoke the trust and use the fund during her life.
The question presented by this record has been so elaborately considered in the recent and leading case of Milholland v.Whalen, supra, that we deem it unnecessary to prolong this opinion by any further discussion.
Decree affirmed.
(Decided June 21st, 1905.) *497