Culver

Action by plaintiff, as administrator of Eleetus Serls, deceased, to recover the balance of a deposit of money made by Serls with defendant.

There was filed an agreed statement of facts, from which it appears that on November 21, 1906, Serls deposited a certain sum of money with defendant bank, which deposit, as directed by him, was made in the name of himself or the Children’s Home Society of California, and at the same time he instructed the officers of the bank, upon his death, to pay the same to said Children’s Home Society of California; that said deposit, as directed, was so entered upon the books of the bank in the name of Electus Serls or Children’s Home Society of California; that thereafter Serls deposited other sums to-said account and withdrew therefrom various sums of money, SO that on May 28, 1908, there remained on deposit in said account the sum of $1,549.07, at which time said entire sum was by Serls, in the presence' of and with the knowledge of A. H. Gunnett, agent of the Children’s Home Society, checked out from the bank and by him, in like presence and with like knowledge, immediately deposited in said bank “in a new account, and the officials of said…