Malone v. Walsh Et Al‪.‬

LUMMUS, Justice. Mary A. Ryan, late of Lynn, died intestate on December 25, 1939, leaving her husband, Patrick J. Ryan, a sister, Catherine Reigle of Cleveland, Ohio, and three brothers, Patrick, Peter and James Walsh, of Lettermoghera in Ireland. The petitioner was appointed administrator of her estate. In 1939 Mary A. Ryan made three joint deposits in different savings banks in Massachusetts, substantially in the names of Mary A. Ryan and Patrick Walsh (her brother) payable to either or the survivor. This petition is brought under G.L.(Ter.Ed.) c. 215, § 6, as amended by St.1939, c. 194, § 2, to determine the title to these deposits and to recover them for the estate. Walsh v. Mullen, 314 Mass. 241, 50 N.E.2d 1. The probate Judge found that Mary A. Ryan did not intend that the deposits should pass into the control of her brother Patrick or that any part of the funds should become his property until her death, and found that she did not intend to make a present completed gift. He entered a decree ordering the respondent savings banks to pay the funds, represented by the bank books standing in the joint names as hereinbefore described, to the petitioner. The respondent Patrick Walsh appealed. The Judge found the material facts, and all the evidence is reported.