Barnes v. Chandler Et Al. Martin v. Same

SANDERSON, J. These are two petitions to determine the title to certain assets in the hands of the respondents as executors
under the will of Eliza J. Talbot, a woman of limited financial resources, who died testate on July 25, 1929. Her sister-in-law,
who died in Arizona in 1922, had for some years prior to that time made contributions toward the support of the testatrix
intended as gifts. After the death of this benefactress her two daughters, Mrs. Martin and Mrs. Barnes, respectively petitioners
herein, remitted $25 a month to the testatrix as gifts and these payments continued until her death. On November 10, 1928, the testatrix opened two accounts in the savings department of the First National Bank of Malden, one
in the name of 'Eliza, J. Talbot or Edith Talbot Barnes joint account payable to either or the survivor,' and the other in
the name of 'Eliza J. Talbot or Miriam Talbot Martin joint account payable to either or the survivor.' The amounts of the
original deposits with the additions thereto are set forth in the agreed facts. The totals, which may be somewhat increased
by additions of interest or dividends, are much less than the payments made by the two petitioners. The signatures of both
petitioners were deposited with this bank, but the bank books were at all times until the death of the testatrix in her possession
and control. No withdrawals of either principal or interest were made. Under the rules of the bank either party named on the
bank book could withdraw money on presentation of the book. Shares of stock of the Malden Co-operative Bank were purchased
by the testatrix on various dates from September 1, 1927, to August 18, 1928. These were all either 'matured' or 'paid up'
shares each being of a par value of $200. Seven were issued in the names of 'Eliza J. Talbot and/or Miriam T. Martin' and
seven in the names of 'Eliza J. Talbot and/or Edith T. Barnes.' Their total value was $2,800. The signatures of the two petitioners
were furnished to the Malden Co-operative Bank and under its rules either party named in a certificate could obtain its value
without the assent of the other party. The certificates were continuously in the possession of the testatrix, who received
and used the dividends. During the period covered by these transactions Mrs. Talbot corresponded with the petitioners but
did not see them.