O'Brien

The plaintiff sued the defendants to recover a bank deposit. The bank appeared and answered^, The defendant Cosette D. Allan, as administratrix of the estate of Margaret J. Allan, appeared and answered and filed a cross-complaint. The cross-complaint was answered, and on the issues so framed a trial was had before the court sitting without a jury. The court made findings in favor of the defendant administratrix, and from the judgment entered thereon the plaintiff has appealed and has brought up a bill of exceptions.

On the twenty-seventh day of August, 1903, Margaret J. Allan was adjudged incompetent and a guardian was appointed. She was never restored to competency and her guardian continued to act down to the date of Mrs. Allan’s death. Subsequent to August 27, 1903, the plaintiff and deceased opened a purported survivor account with the defendant bank. By the terms of that purported agreement, upon the death of either the survivor would own absolutely and be entitled to the whole of the residue of the deposit. Mrs. Allan died on the twelfth day of July, 1919. Shortly thereafter the plaintiff made a demand on the bank, and her demand was refused. This defendant, as…