[Download] "Sidlow v. Sheridan Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Sidlow v. Sheridan Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DOLAN, Justice. This is a petition in equity in which the petitioner as he is administrator of the estate of Annestia E. Murrey, otherwise known as Annestia E. Murray, seeks to establish title to a deposit in the Worcester North Institution for Savings standing in the name of the intestate at the time of her death, and to compel Bernadette Gosselin Sheridan, hereinafter called the respondent, to deliver the 'bank book' to him. The respondent claimed ownership of the deposit by virtue of an alleged 'gift and transfer' thereof to her by the intestate. After hearing, the Judge entered a decree that the deposit in question and a deposit in the Clinton Trust Company (claim to which the respondent has waived) 'are the property of the estate of * * * [the intestate].' The respondent appealed and at her request the Judge filed a 'Report of Findings of Material Facts.' The evidence is not reported. The report, however, does not comply with the requirements of G.L. (Ter.Ed.) c. 215, § 11 (see also c. 214, § 23), as established by many prior decisions of this court, since the report, so far as the deposit now in dispute is involved, consists for the most part of a recital of the testimony of certain witnesses, concerning which in important aspects no findings are made by the Judge, although most of the testimony recited, if believed by him, would warrant if not require a finding of a perfected gift of the deposit by the intestate in her lifetime to the respondent. There is no ultimate finding by the Judge in the report with relation to whether a gift of the deposit in question was in fact made to the respondent by the intestate, or whether at her death it constituted an asset of her estate.