Petition of Atkinson

• Citation: 16 R.I. 413,16 A. 712
• Parties: Petition of ATKINSON et al.
• Decision Date: 26 January 1889
• Court: United States State Supreme Court of Rhode Island

16 A. 712

16 R.I. 413

Petition of ATKINSON et al.

Supreme Court of Rhode Island.

January 26, 1889.

Case stated for opinion of the court, under Pub. St. E. I. c. 192, § 23.

Jacob W. Mathewson, for the claimants. Louis L. Angell, for the administratrix.

DURFEE, C. J. This is a case stated for the opinion of the court. It shows that William Atkinson died intestate, February 18, 1888, leaving a widow and six children, three sons and three daughters, parties to the statement, the widow being likewise administratrix on his estate. He left personal estate to the amount of $17,000 in excess of all his debts and liabilities, and of the deposits hereinafter mentioned. On January 15, 1885, he deposited $2,000 of his own money in the Mechanics' Savings Bank, making an entry on the signature book of the bank as follows, to-wit: "WILLIE J. ATKINSON. WILLIAM ATKINSON, Trustee." The bank opened an account in form following, to-wit: "Mechanics' Savings Bank, in account with Willie J. Atkinson. William Atkinson, Trustee,"—and gave to William Atkinson a pass-book, in which the account was entered in the same manner; which book said William retained until October 19, 1888, when he drew the deposit and interest, and invested the same in his individual name. Likewise, January 15, 1885, he deposited in the same manner $2,000 in the names, respectively, of Samuel M. and Robert W. Atkinson, and $1,000 in the name of Anna L. Atkinson. Said Willie J., Samuel M., and Robert W. were the sons of William Atkinson. Anna L. was one of his daughters, and had served him as confidential clerk and book-keeper for about 14 years. He drew no part of the principal or interest of either of the latter three accounts, but retained the deposit books until he died. He told each of the four, in his life-time, that he had made the deposits for them, and that the money would be theirs at his death. He neither made, nor caused to be made, any charge or memoranda of the deposits, other than as above stated, and never delivered to either of his children the pass-book of the deposits standing in his or her name. He made no deposit or gift to his other two children, except small and ordinary presents. The principal question is, whether the deposits are to be regarded as gifts or advancements, under the statute, (Pub. St. E. I. c. 187, § 20;)¹ and, if they are to be regarded as gifts, what claim has William J. on the assets for the withdrawal of the deposit for him? We do not see how the deposits can be regarded as advancements, since they were never charged to the children, nor was any memorandum made of them, as the statute requires for advancements. The writing on the bank-book and in the pass-book was simply the writing which was appropriate to the deposits between the bank and the depositor, and, in our opinion, cannot be deemed to be a "charge" or "memorandum," within the meaning of those words, or either of them, as used fn the statute.

The case stated seems to us to be identical in its material features with the case of Ray v. Simmons, 11 R. I. 266, unless it can be distinguished in point of principle from the latter case, by reason of the difference in the form in which the deposits were entered. In Ray v- Simmons the form of entry was: "Dr. Fall River Savings Bank, in account with Levi Bosworth, trustee for Marianna Hay, Prov. Cr." The depositor received a pass-book, in which the same form was used. He handed this book to Miss Ray, who read the entry, and thanked him for...