34 N.J. Eq. 336 | New York Court of Chancery | 1881
This cause comes before me on the rehearing of a final decree advised by Vice-Chancellor Dodd. The decree is adverse to the complainant. The bill is filed to protect the claim which the complainant makes as cestui que trust to certain moneys deposited by Rachel Speer (formerly Rachel Wharry) in two savings banks: one, the Howard Savings Institution, of Newark, and the other, the Provident Institution for Savings, of Jersey City. In 1860, Mrs. Speer, then Mrs. Wharry, opened the account in the latter institution. She married her present husband in 1862. In 1868 she opened the account in the
*338 “ Frank B. Smith, hatter, Danbury, Conn., son of Joseph Smith and Cornelia ; to be drawn by Rachel; after death, by Frank.”
In 1870 or 1871, she caused the following entry to be made in her account in her pass-book of the Howard Institution :
“ This account is in trust for Frank B. Smith,”
and signed it with her name. She kept the pass-books of both