Chippendale v. North Adams Sav. Bank

• Decision Date: 08 February 1916
• Citation: 222 Mass. 499,111 N.E. 371
• Parties: CHIPPENDALE v. NORTH ADAMS SAVINGS BANK et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

222 Mass. 499

111 N.E. 371

CHIPPENDALE

v.NORTH ADAMS SAVINGS BANK et al.

Supreme Judicial Court of Massachusetts, Berkshire.

Feb. 8, 1916.

Report from Supreme Judicial Court; Berkshire County.

Action by Arthur W. Chippendale, administrator, against Mrs. Abbie Worthington and others. On report to the Supreme Judicial Court upon the pleadings and master's report. Decree ordered for the named defendant.

Clarence P. Niles and Fredk. M. Myers, both of Pittsfield, and Carlton T. Phelps, of North Adams, for plaintiff.

P. J. Ashe and M. E. Couch, both of North Adams, for respondents.

LORING, J.

This is a bill in equity to obtain possession of a tin box and its contents. The case was reserved for this court upon the pleadings and master's report.

The tin box contained four deposit books, two of the deposits being in the Hoosac Savings Bank and two in the North Adams Savings Bank. The other papers in the box were not of importance. The question presented is whether these deposits belong to Mrs. Worthington or to the administrator of Henry D. Williams.

Henry D. Williams the plaintiff's intestate deposited his surplus earnings in the two savings banks mentioned above. He had a tin box in which he kept his deposit books and other papers. On October 2, 1908 (a year and a half before he died), he took this box and accompanied by his sister Mrs. Worthington went to the Hoosac Savings Bank. At the savings bank he unlocked the box and took from it the two deposit books of that bank. At his request the following words were inserted in each of these books, namely: ‘Payable also to Abbie Worthington,’ and ‘Either party or the survivor of them may draw the whole or any part now or hereafter deposited on this account with interest.’ Mrs. Worthington thereupon signed the by-laws of the bank and the necessary identification card provided for depositors. The two books were then replaced in the tin box, and Williams, still accompanied by Mrs. Worthington, took it away with him. Mr. Williams and Mrs. Worthington then went to the North Adams Savings Bank. There the two deposit books of that savings bank were changed by the insertion after his (Williams') name of these words: ‘May be drawn by his sister Abbie Worthington;’ and Mrs. Worthington thereupon signed the by-laws of that bank and a depositor's identification card. One of the officers of the North Adams Savings Bank, at the request of Williams and Mrs. Worthington, prepared the following label: ‘Property of Abbie Worthington,’ and by the direction of Williams pasted it on the tin box. After these changes had been made on the deposit books they were returned to the box and the box was locked by Williams with his key. The box was then delivered to the North Adams Savings Bank for safe-keeping, with the agreement that both Williams and Mrs. Worthington should have access to it and that either could have the privilege of drawing the money on deposit in that bank. Williams kept the key until he died, and Mrs. Worthington had a duplicate key which she kept. After the deposit books of the North Adams Savings Bank had been changed as stated above and the label described above had been placed upon the box, Mrs. Worthington asked the assistant treasurer of the North Adams Savings Bank if she ought not to have something to show that the box was hers, to which he answered, ‘Yes,’ and wrote out and gave to her the following receipt: ‘Received of Abbie Worthington one small box, tin, locked, to be held for safekeeping.’ This was signed by him.

Between October 2, and the date of his death Williams went to the North Adams Savings Bank from time to time took the deposit books from the tin box and withdrew various sums of money. There was at least one withdrawal from each of the sums deposited under each of the four deposit books. In each case after making the withdrawal he returned the books to the box, locked it and handed the box back to the officials of the North Adams Savings Bank.

The master made the following finding of fact:

‘I find that all said changes in the bank books and accounts of both said Hoosac Savings Bank and North Adams Savings Bank were made at the request of said Henry D. Williams and with the assent of Mrs. Worthington for the purpose of transferring a joint interest in the same to Mrs. Worthington and that the changes made were in accordance with the custom of said banks for the purpose of making accounts joint so that withdrawals could be made by either party.’

Mrs. Worthington has made two contentions: One, that the savings bank books were transferred to her in payment of money which was due from Williams to her; second, that they were transferred to her as a gift. The master found against Mrs. Worthington on the first contention. No argument on that ground has been addressed to the court. We treat that contention as abandoned.

In the cases heretofore before this court the question of the validity of gifts or attempted gifts of deposits in savings banks has arisen where the donor has undertaken to make a gift of them as property. The...