Kuck

This is an appeal by defendant, Catherine Raftery, from a judgment in favor of plaintiff as special administratrix of the estate of John D. Siemers, deceased, adjudging plaintiff entitled to a certain savings bank account and determining that appellant Raftery has no interest therein. The undisputed facts established by the written records of The San Francisco Bank are that John D. Siemers in 1923 had two savings accounts in said bank in his own name. On August 20, 1923, John D. Siemers and appellant were present in the bank together and at that time Siemers withdrew the entire amount, $4,711.22, standing in one of such accounts, and redeposited it in a new savings account which he thereupon opened in the name of “John D. Siemers, Trustee for Catherine Raftery”. While it is customary in such eases for the bank to take only the signature of the depositor, in this case at the time of the opening of the deposit, both Siemers and appellant Raftery signed the deposit card of the bank, which is kept by it as a part of its permanent records. The other account in the name of Siemers was not changed and thereafter and until his death on December 29, 1923, the personal account and the…