Sherman

This action was brought to determine the right to money on deposit in a savings bank in the name of the depositor, and made payable under a formal declaration of trust to a designated beneficiary upon the death of the depositor, who survived the beneficiary.

The controversy is between plaintiff as the sole heir of the designated beneficiary and the administrator of the estate of the deceased depositor.

On February 15, 1926, Charles M. Jackson opened a savings account, No. 571489, in the Hibernia Bank with a deposit of $1972.76. At the same time he executed a declaration of trust in the following terms:

Thereafter Jacksoii made certain deposits in the account and certain withdrawals therefrom; and when he died intestate on June 5, 1930, there was a balance in the account of $1340.97. So far as is known, Jackson left no heirs.

The litigation arises out of the fact that the beneficiary named in the declaration of trust, Clifford W. Sherman, had predeceased Jackson, having died intestate on February 16, 1930. The plaintiff Lillian R. Sherman, being his sole heir, became the distributee of his estate, including whatever rights attached to • the money in bank under the declaration…