Souza

This action was brought by Belle Souza as administratrix of the estate of her deceased husband, J ose A. Souza, to recover for the estate represented by her, money which was on deposit with the defendant bank at the time of Souza’s death. At that time the money was in a savings account, and from the bank records appeared to have been payable either to Jose A. Souza, the deceased, or to John A. Souza, his brother. Defendant John A. Souza asserted in defense, and in this defense he was joined by the bank, that the money represented by the deposit had been transferred to him by his brother for the benefit of three minor children of the deceased and this plaintiff. In brief, it was asserted that a trust had been created as to the fund on deposit in the bank, with John A. Souza as trustee, for the benefit of the three minor children who were all living at the time of the death of Jose. The plaintiff asserted in her complaint that the money was a part of the community estate of herself and husband, but the evidence did not sustain that claim and the point involved as to that issue is not here for consideration. The real question is as to whether a valid trust was created under which…