Conneally

The plaintiff, as guardian of the minor children of Delia Murphy, deceased, brought this action against the defendant Savings Bank and against the surviving husband of their mother, suing him as an individual and as administrator of the mother’s estate. The children are the issue of a former marriage of their mother. Their natural father died on October 15, 1915; and left an estate, all of which passed to his surviving wife and became her separate property. The mother of the surviving wife deposited a portion of this property, the sum of three thou sand dollars, with the defendant bank. In September, 1920, she married the defendant Patrick Murphy. There was no issue of said marriage. On March 7, 1922, Delia Murphy, formerly Delia Conneally, died intestate, leaving beside the defendant Murphy the three minor children, for whom the plaintiff herein sues, as the heirs of her estate. On July 14, 1921, the said Delia Murphy caused the defendant bank to transfer from her separate account on deposit in said bank the said sum of three thousand dollars into a new account, which was thereupon opened in the names of “Delia Murphy and Patrick Murphy, payable to either or to the survivor of…