61 N.H. 131 | N.H. | 1881
If the administrator is to be regarded as the party resisting Mary's claim, no objection was made to her testimony by the only party who could object. Harvey v. Hilliard,
The facts necessary to establish a valid gift to Mary have been found. The donor's actual delivery of the book to her, with the intention of conveying the title, and her acceptance of it, made the transaction a gift inter vivos. Reed v. Spaulding,
There was no delivery or acceptance of the other bank books. The fact that the father made deposits in the names of his children, but retained possession of the books, without notice to them, and without any declaration of his intention, except that the deposits should be subject to his order, is not a sufficient basis for finding that he intended them as gifts to his children. Retaining the title, and having the right to dispose of the money as he saw fit, he did not make a gift of these two books. Cummings v. Bramhall,
The question is, whether the depositor's intention to establish a trust in favor of his children is proved by competent evidence. As there is no express declaration of a trust, as the by-laws of the bank, which became a part of his contract of deposit, are consistent with the idea that he was placing his money there for himself (Howard v. Savings Bank,
Case discharged.
SMITH, J., did not sit: the others concurred. *135