Springfield Inst. for Sav. v. Copeland

• Decision Date: 06 January 1894
• Citation: 160 Mass. 380,35 N.E. 1132
• Parties: SPRINGFIELD INST. FOR SAVINGS v. COPELAND et al. STROUT v. SAME, (three cases.)
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

160 Mass. 380

35 N.E. 1132

SPRINGFIELD INST. FOR SAVINGS

v.COPELAND et al.

STROUT

v.SAME, (three cases.)

Supreme Judicial Court of Massachusetts, Hampden.

Jan. 6, 1894.

Report from supreme judicial court, Hampden county; Marcus P. Knowlton, Judge.

Four actions: The first, a bill of interpleader by the Springfield Institution for Savings, to determine whether moneys deposited in the name of G.J. and W.M. Goodenough belonged to the estate of S.J. or U.M. Goodenough. The second, a bill by Geraldine G. Strout, administratrix of the estate of U.M. Goodenough, against A.M. Copeland, administrator of the estate of S.J. Goodenough, to compel the transfer to plaintiff of certain shares of stock alleged to have been purchased with proceeds of a sale of U.M. Goodenough's property. The third, a bill by the same plaintiff against A.M. Copeland, administrator of the estate of S.J. Goodenough, and the Springfield Five Cents Savings Bank, to compel payment to plaintiff of money deposited in defendant bank in the names of S.J. and U.M. Goodenough. The fourth, a bill by the same plaintiff against A.M. Copeland, administrator of the estate of S.J. Goodenough, and the John Hancock National Bank, to compel an assignment to plaintiff of money in defendant's bank standing in the name of S.J. Goodenough. Heard on report. In the first, third, and fourth actions, decree in favor of Strout, and, in the second, in favor of Copeland.H.C. Bliss, for plaintiff Strout.

A.M. Copeland, pro se.

FIELD, C.J.

The first suit is a bill of interpleader, to determine whether certain sums of money deposited with the Springfield Institution for Savings in the names of “S.J. and U.M. Goodenough, subject to withdrawal by either,” amounting to $976.96, with the interest thereon, belong to the estate of Samuel J. Goodenough or to the estate of Urania M. Goodenough, his wife. The second suit is a bill in equity by the administratrix with the will annexed of the estate of Mrs. Goodenough against the administrator of the estate of Mr. Goodenough, to compel the transfer to the plaintiff of certain shares of stock and of certain bonds standing in the name of Mr. Goodenough, on the ground that they were purchased with the proceeds of the sale of securities belonging to Mrs. Goodenough. The third suit is a bill in equity by the administratrix with the will annexed of the estate of Mrs. Goodenough against the administrator of the estate of Mr. Goodenough, and the Springfield Five Cents Savings Bank, to compel the payment to the plaintiff of the sum of $1,000 deposited in said savings bank in the names of “S.J. & Urania M. Goodenough, either to draw whole or part,” with the interest thereon, on the ground that the money deposited was the property of Mrs. Goodenough. The fourth suit is a bill in equity by the administratrix with the will annexed of the estate of Mrs. Goodenough against the administrator of the estate of Mr. Goodenough, and the John Hancock National Bank, to compel an assignment to the plaintiff of the money standing to the credit of Mr. Goodenough on the books of the bank, or to compel the bank to pay the amount to the plaintiff, on the ground that the money, although deposited in the name of Mr. Goodenough, was the money of Mrs. Goodenough. Mr. Goodenough died intestate on December 28, 1891, and his estate has been represented insolvent. Mrs. Goodenough died on January 20, 1892, leaving a will, which has been duly admitted to probate. The suits were sent to a master to find the facts, and have been reserved upon his report, and an agreed statement of facts.

With the exception of $100 deposited in the Springfield Institution for Savings on August 6, 1884, all the money deposited in both savings banks was drawn by Mr. Goodenough on February 18, 1890, from the deposit in the John Hancock National Bank. It is found that Mr. Goodenough “kept an account at said John Hancock National Bank, in his own name, from October, 1883, to the time of his death, December 28, 1891.” On February 1, 1890, the balance to his credit in this bank was $89.65, and on the morning of February 12, 1890, it was $51.65. Afterwards, on said February 12th, he deposited in this bank $15,093.62, which was the proceeds of a check payable to the order of Mrs. Goodenough, given to her in part payment of the legacy to her contained in the will of Noble Maxwell. On February 18, 1890, Mr. Goodenough also deposited in this bank $360, which, on the finding of the master, must be taken to have been the proceeds of the sale of three shares of Sagadahock bank stock belonging to Mrs. Goodenough. As we read the master's report and the agreed facts, there is no clear evidence that any of the money deposited with this bank was ever the property of Mr. Goodenough. The greater part in number and amount of the deposits are shown to have been Mrs. Goodenough's property. It simply does not appear whether the other deposits came from his or her property. It is agreed that from February 12, 1890, to the time of his death, he “owned no property of any amount, except his interest in the money and securities in these suits.” It is found that there was deposited in this bank about $31,000 between February 1, 1890, and the death of Mr. Goodenough, of which about $24,500 “came from either the income or proceeds of sale of Mrs. Goodenough's property.” It is agreed “that prior to February 12, 1890, said Goodenough had deposited in said bank several thousand dollars of moneys which appears to have come from the legacy of Noble Maxwell, [and] there was no evidence that he had withdrawn any considerable part of the money deposited as aforesaid, for the use of Mrs. Goodenough, up to the time of his death.”

The first question is whether it should be inferred that Mrs. Goodenough intended to give to her husband all the moneys of hers deposited in his name with the John Hancock National Bank. The master has found that “apparently they were both conversant with, and approved of the management of, their respective financial affairs.” Mrs. Goodenough kept no bank account in her own name. It appears that they jointly “used a deposit box in the vault of the Springfield Safe-Deposit and Trust Company, for their common use, each having a key thereto;” and that in this box were kept the savings bank books, the certificates of stock, and other securities standing in the name of each. If the law, as declared in Marshall...