INDEX. ACCEPTANCE. Necessity for acceptance of gift... POSITS. BAILEE.-Bank held to be bailee of deposit for beneficiary.. subject to depositor's order... Liability in paying trust deposit... May not collect indebtedness owing from trustee out of 161 114 114 34 34, 69 283 Not trustee of account in two names. 126, 127 240, 244 Payment of joint or alternate deposit after notice not ...66, 244, 245 to... ficiary before demand by representative of depositor. 35, 186 Trustee of joint deposit. BENEFICIARY.-Cannot compel bank to pay trust account during life of depositor... 240 270 34, 68 66, 244 42 .37, 230 .32, 164, 227 Death of beneficiary before depositor, see DEATH. BY-LAWS.-By-law of bank limiting deposit as explanatory of trust account, see DEPOSIT. CERTIFICATE OF DEPOSIT.-Payable to A, or in case of his 202 CONVENIENCE.-Deposit in two names for convenience in 52, 168 170 drawing. 52 .32, 212 204, 205, 206, 278 Depositor's death revokes agency created by delivery Depositor's death revokes agency created by deposit in 117 254 Effect of death of beneficiary before depositor, in case of 33, 186, 228, 229 Effect of death of depositor of trust account in Massa- Effect of depositor's death upon tentative trust, in New 11 .9, 206, 215, 221 Gift of account in names of husband and wife to take New York rule as to effect of depositor's death on trust Trust to become effective on depositor's death possible 12 Trust to become effective on depositor's death, see .30, 206 DECLARATIONS.-Alone will not establish a trust.... By depositor subsequent to opening trust account do 9, 69 206 Convert tentative trust into irrevocable trust, 3, 13, 178, 206, 212, 213, 214 Deposit in two names, coupled with loose declarations, DELIVERY.-Delivery of pass-book must be in life time of de- positor of account in two names. to complete gift, 57, 102, 276 169 Delivery of pass-book not essential to valid trust, 15, 72, 91, 104, 111, 258 .3, 15, 16, 206, 214 irrevocable.. 16 Delivery of pass-book to third person for beneficiary..171, 243 117 Essential to validity of gift...49, 89, 90. 108, 118, 196, 280 214 Necessity of delivery to complete gift where account Requisites of delivery in case of gift causa mortis.. 172 260 99 50 196 To complete gift of account in names of husband and .62, 69, 70, 249 of husband and wife..... tive trust.... Deposit in two names constitutes gift though depositor retains pass-book... In two names does not establish gift. 3, 206 172, 250, 251 .239, 247 132 Limit of amount of deposit by by-law as explanatory of trust account. . . . . Limit of amount as explanatory of trust deposit. . 18, 144, 284 two names..... May be evidence of intention to create trust. Trust established by mere form of deposit.. DEPOSITOR-Effect of death of depositor of trust account in Massachusetts and New Jersey. 151 3 205 176-7 11 Effect of depositor's death upon tentative trust, in New York..... New York rule as to effect of depositor's death on trust account criticized..... Effect of depositor's death generally, see DEATH. DOMINION AND CONTROL.-Parting with as essential to valid FICTITIOUS PERSON.-As beneficiary of trust. 12 .32, 164, 227 161 76 By deposit in name of person as guardian for another.. 49, 89, 90, 108. 118. 196, 280 Delivery of pass-book, see DELIVERY. Deposit in beneficiary's name, subject to order of de- 49 114, 148 Donor must surrender dominion and control to make Gift causa mortis. Gift causa mortis. requirements as to delivery of pass- 50 .99, 158 Gift causa mortis created by delivery of pass-book four 96 Gift causa mortis must be made in contemplation of Joint or alternate deposit as gift. Joint or alternate deposit effective on donor's death, Necessity of delivery to complete gift where account Not established by deposit in two names, subject to the 119 another... Symbolical delivery.... Use of words "joint owners," in deposit in two names GUARDIAN.-Deposit in name of one person as guardian for HUSBAND AND WIFE.-Gift causa mortis of joint or alternate 50 126, 129 Delivery of pass-book not necessary to complete gift of account in names of husband and wife........63, 198, 233 by the entirety.... Deposit in names of husband and wife does not vest 66, 160 241 Deposit in names of husband and wife belongs to Gift of joint or alternate account to take effect upon Joint and alternate accounts of husband and wife... 259 63, 122 61 62, 69, 70, 99, 122, 176, 240, 254 160, 176, 240, 241, 249, 254 186 Wife's money deposited in her name and husband's be- 126 157-8 INHERITANCE, TAX.-Trust account not subject to inheri- 226 INTENT. Creation of estate by the entirety by deposit in 208, 217 Deposit limit as explanatory of trust deposit (see also Depositor's testimony that he intended to create trust not conclusive.... .18, 144 ...210-11 Established by declarations of depositor of trust ac- Intent controls question of gift of deposit in two names, 284 51, 80, 126, 132, 168 Intent of depositor controls in matter of creation of trust, 5, 6, 181, 182, 186 |