Estate of Cunningham

Facts and opinion on settlement of accounts with administrator.

The deceased was, when single, Katie Brannan. She was married to John Cunningham, the present administrator, in January, 1873. At that time she had on deposit in the bank of the Hibernia Savings and Loan Society $1,513.36 in her own name as Katie Brannan, and her bank book was in that name. This money was her separate property, acquired before marriage, except about $250 which Cunningham had let her take, and which she had placed in her account. After the marriage she and Cunningham went to the bank, and in a conversation with the cashier she directed him to so arrange the account that either she or her husband could draw the money. The cashier thereupon wrote on the bank book and on the account in the books of the bank the words “John Cunningham or,” so that the title of the account stood thus—John Cunningham or Katie Bran-nan. The cashier, being called as a witness, testified that when the word “ and” is inserted between the names in such cases, the signatures of both parties are required before payment, but when the word “or” is inserted, the bank pays to either. After the marriage, dividends accrued and went into…