McCarthy

This is an appeal from a judgment in favor of plaintiff, and from an order denying a new trial in an action originally commenced against the Hibernia Savings and Loan Society to recover a sum of money on deposit with that institution, and by which the defendant Patrick Holland, administrator, etc., was interpleaded upon his assertion of an adverse claim to said deposit.

The facts of the ease are substantially undisputed and may be summarized as follows: Julia McCarthy, the plaintiff herein, was the niece of Mary Anne Holland, and between them existed strong ties of confidence and affection. On and prior to April 20, 1911, Mary Anne Holland was the owner as her separate property of a sum of money in .excess of six thousand dollars, which was on deposit with the Hibernia Savings and Loan Society. On said last-named day Julia McCarthy was at the home of Mary Anne Holland, who was quite ill and who, in fact, had but a short time to live, when the latter caused a notary, public to be called for, and upon his arrival, and in his presence, executed and delivered to the plaintiff the following writing:

“San Francisco, Cal., Apr. 14, 1911.

“The Hibernia Savings & Loan Society, San…