O'Dea

Plaintiff sued upon an order for the transfer of money held in a savings bank account. Defendants had judgment and plaintiff appeals upon typewritten transcripts.

The complaint was framed in two counts—one for money had and received, the other to enforce a gift “causa mortis” in the form of an order or assignment executed by Patrick Glynn, deceased, upon the defendant bank. The administrator of the Glynn estate and three fictitious persons were made parties defendant. These persons later appeared as three heirs named in the will of Patrick Glynn. Separate answers were filed by the bank, the administrator and these three heirs. In each answer the due execution of the order, or assignment, was denied and special pleas were entered alleging that the deceased did not intend to make a gift of the money to plaintiff, that he did not know the nature of the paper signed, and that its execution was secured through undue influence on the part of plaintiff. The trial court found that the deceased did not intend to make a gift of the moneys to plaintiff, that he signed the document through the undue influence of plaintiff, but with the understanding and intention of the deceased that the…