Williams v. Union Trust Savings Bank

This is an appeal by Ernest D. Woodman, one of the defendants, from an order denying his motion for a new trial in an action brought by the plaintiff against said Woodman, as executor of the will of Laura M. N. Huntoon, deceased, and the defendant bank to recover the balance of a certain deposit in said bank.

This ease, in many of its. facts, is like the case of Mary E. Williams v. Savings Bank of Santa Rosa et al., ante, p. 655, [ 166 Pac. 366 ], The deceased, at the time of her death, had been an invalid for about twelve years. She and the plaintiff were sisters and were very fond of each other.

The deceased lived with the plaintiff and had been tenderly nursed by her all of that time, and in appreciation of such loving care, and in consideration of the bond of affection existing between them, she had intended for a long time, it appears from the record, to arrange her savings bank account so that both she and the plaintiff might separately draw upon it, and that on her death the balance of the deposit should belong to and become the property of the plaintiff without the formalities of probate proceedings. Accordingly, some time in the early part of the year 1912, the deceased…