Scully

A trust has been impressed by decree of the trial court upon a part of the $50,648.-44 deposited with the clerk of the District Court under interpleader on the part of the Security First National Bank, and reversal is sought.

The appellees claim to be beneficiaries of a portion of said fund which had been deposited in the First National Bank of Beverly Hills, hereinafter called “Beverly Bank,” and by it transferred to its account in the Security First National Bank of Los Angeles, hereinafter called the “Security Bank.” The trust, it is claimed, was created by the terms of agreements between appellees and the Beverly Bank. “Escrows” were opened by appellees in the escrow department of the Beverly Bank maintained as a portion of the trust department thereof. So far as material, the pertinent facts with respect to the claim of appellees Moseley are:

Two checks, one for $500 and one for $2,500, both checks drawn on another bank, with the following instructions: “You are instructed to clear these checks through the regular channels on May 11, 1932, and hold the $3,000.00 in your above numbered escrow until Escrow No. 10295-V in the First National Bank of Beverly Hills has been…