Juraitis v. Andriulis

• Decision Date: 09 November 1945
• Citation: 318 Mass. 782,64 N.E.2d 701
• Parties: JURAITIS v. ANDRIULIS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

318 Mass. 782

64 N.E.2d 701

JURAITIS

v.ANDRIULIS.

Supreme Judicial Court of Massachusetts, Worcester.

Nov. 9, 1945.

Proceeding by Pius Juraitis, executor of the estate of John Joseph Visbaras, deceased, against Salomia Andriulis. From an adverse decree, the defendant appeals.

Affirmed.

Appeal from Probate Court, Worcester County.

J. Philip Howard, of Gardner, for petitioner.

J. G. Bryer, of Boston, for respondent.

RESCRIPT.

The testator, having more money than he could deposit in his individual account with the respondent savings bank, after securing permission from the respondent Andriulis to use her name in opening a joint account, opened such an account. She never signed any deposit card or other instrument. She never had possession of the book during his life time except on the few occasions when he gave it to her to make a deposit. He never told her that she had any beneficial interest in the account. His will provided that this joint account should go into the residue of his estate. He did not intend to make her a joint owner of the account, and she did not consider she had any interest therein until after his death. The judge rightly found there was no gift of the deposit to this respondent. Colby v. Callahan, 311 Mass. 727, 729, 42 N.E.2d 801;Thompson v. Thompson, 312 Mass. 245, 247, 44 N.E.2d 651;Ball v. Forbes, 314 Mass. 200, 204, 49 N.E.2d 898.

Decree affirmed with costs.