32 A. 168 | R.I. | 1895
The agreed statement of facts in this case shows that the deposits in the Peoples Savings Bank and the Industrial Trust Company, both of Providence, the ownership of which deposits is brought in question, were made by James Whitehead, the deceased, to the account of James Whitehead or Martha A. Smith, (his daughter) and were payable to either or the survivor of them; that said James Whitehead deceased April 6, 1893, at East Providence in this State leaving a widow and two children, and that there was remaining in said Peoples Savings Bank to the credit of said account at that time, the sum of $665.86, and in said Industrial Trust Company to the credit of said account, the sum of $703.58, which said sums *136
were subsequently withdrawn by and appropriated to the use of said Martha A. Smith, she claiming the right so to do as the survivor of James Whitehead. And the only question raised by the appellant is as to the ownership of said deposits, he claiming that they belonged to said James Whitehead at the time of his death, and hence should now be held and accounted for as property belonging to the estate, by the administratrix, while said Martha claims that the same, upon the death of James Whitehead belonged to her as aforesaid. We think it is clear that said deposits were the joint property of said James Whitehead and Martha A. Smith during their joint lives, and that upon the death of James Whitehead the title thereto vested immediately and absolutely in the survivor, Mrs. Smith. Mack v. Mechanics Farmers' SavingsBank, 50 Hun, 477. And this being so she was not called upon to account for said deposits as administratrix. The case is clearly distinguishable from that of the Providence Institution forSavings v. Carpenter,
A decree may be entered confirming the decree of the Probate Court in the premises, but by virtue of the agreement of the parties, without costs to either party.