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INDEX.

ACCEPTANCE. Necessity for acceptance of gift...
ALTERNATE DEPOSITS.-See JOINT AND ALTERNATE DE-

POSITS.

BAILEE.-Bank held to be bailee of deposit for beneficiary..
BANK.-Bailee of deposit for beneficiary where deposit made

subject to depositor's order...

Liability in paying trust deposit...

May not collect indebtedness owing from trustee out of
trust account. . . .

161

114

114

34

34, 69

283

Not trustee of account in two names.
Payment of deposit to depositor's administrator after
notice not to; bank held liable to beneficiary....36, 148, 232
Payment of joint or alternate deposit to survivor,

126, 127 240, 244

Payment of joint or alternate deposit after notice not

...66, 244, 245

to...
Payment of trust account to administrator of depositor.34, 231
Payment of trust account to father of beneficiary.. .37, 233
Payment of trust account to representative of bene-

ficiary before demand by representative of depositor. 35, 186
Payment of trust deposit after notice not to...... .35, 232
Payment to wife of account in names of husband and
wife after notice of claim of creditor of husband....
Protected in paying checks drawn by attorney..
Right to pay drafts of depositor on trust account.
Right to pay joint or alternate deposit during lifetime
of parties..

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.
Trust in favor of fictitious beneficiary...

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
death, to B; not a valid gift...

202

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CONVENIENCE.-Deposit in two names for convenience in

52, 168 170

drawing.
Presumption that deposit is made for convenience. . . .
CREDITOR.-Trust deposit in favor of creditor.....
DEATH.-Depositor's death renders trust irrevocable.

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52

.32, 212

204, 205, 206, 278

Depositor's death revokes agency created by delivery
of pass book...

Depositor's death revokes agency created by deposit in
names of husband and wife...

117

254

Effect of death of beneficiary before depositor, in case of
trust account...

33, 186, 228, 229

Effect of death of depositor of trust account in Massa-
chusetts and New Jersey...

Effect of depositor's death upon tentative trust, in New
York....

11

.9, 206, 215, 221

Gift of account in names of husband and wife to take
effect on death of husband, see HUSBAND AND WIFE.
Gift of joint or alternate deposit effective on donor's
death, see TESTAMENTARY DISPOSITION.

New York rule as to effect of depositor's death on trust
account criticized...

Trust to become effective on depositor's death possible
in New York....

12

Trust to become effective on depositor's death, see
TESTAMENTARY DISPOSITION.

.30, 206

DECLARATIONS.-Alone will not establish a trust....

By depositor subsequent to opening trust account do
not affect trust..

9, 69

206

Convert tentative trust into irrevocable trust,

3, 13, 178, 206, 212, 213, 214

Deposit in two names, coupled with loose declarations,

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DELIVERY.-Delivery of pass-book must be in life time of de-

positor of account in two names. to complete gift, 57, 102, 276
Delivery of pass-book of joint account establishes gift..

169

Delivery of pass-book not essential to valid trust,

15, 72, 91, 104, 111, 258
Delivery of pass-book of trust account completes trust.. 270
Delivery of pass-book to beneficiary renders trust

.3, 15, 16, 206, 214

irrevocable..
Delivery of pass-book to beneficiary, in order to render
trust irrevocable, must be pursuant to intent to make
a gift...

16

Delivery of pass-book to third person for beneficiary..171, 243
Delivery of pass-book to person as agent not sufficient
to constitute gift.....

117

Essential to validity of gift...49, 89, 90. 108, 118, 196, 280
Necessary to valid trust.

214

Necessity of delivery to complete gift where account
opened in two names. . 54, 80, 82, 109, 113, 126, 129, 153, 174,
242, 263, 275, 281
Not essential to gift of deposit in two names. . . . . . . . .
Not essential to complete gift of account in names of
husband and wife.
.63, 198, 233,

Requisites of delivery in case of gift causa mortis..
Symbolical delivery...

172

260

99

50

196

To complete gift of account in names of husband and
wife.....
.62, 69, 70, 99, 122, 176, 240, 254
DEPOSIT.-By A in name of B not sufficient to create trust..
Deposit alone does not establish irrevocable trust,
2, 135, 144, 145, 153, 155, 164, 184, 186, 209, 211, 278
Deposit alone does not establish gift of account in names

.62, 69, 70, 249

of husband and wife.....
Deposit by one person in trust for another creates tenta-

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
Limit of amount of deposit as explanatory of deposit in

two names.....

May be evidence of intention to create trust.
Mere deposit in trust creates valid 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
.9, 206, 215, 221

York.....

New York rule as to effect of depositor's death on trust

account criticized.....

Effect of depositor's death generally, see DEATH.
Trust to become effective on depositor's death, see
TESTAMENTARY DISPOSITION.

DOMINION AND CONTROL.-Parting with as essential to valid
trust or gift, see DELIVERY and GIFT.

FICTITIOUS PERSON.-As beneficiary of trust.
GIFT.-Acceptance, necessity for.

12

.32, 164, 227

161

76

By deposit in name of person as guardian for another..
Delivery essential to validity of gift,

49, 89, 90, 108. 118. 196, 280

Delivery of pass-book, see DELIVERY.
Defined..

Deposit in beneficiary's name, subject to order of de-
positor....

49

114, 148

Donor must surrender dominion and control to make
valid gift of joint or alternate deposit... 119, 122, 126, 238
Effect of deposit in names of husband and wife, see
DEPOSIT and HUSBAND AND WIFE.

Gift causa mortis.

Gift causa mortis. requirements as to delivery of pass-
book....

50

.99, 158

Gift causa mortis created by delivery of pass-book four
days before depositor's death.....

96

Gift causa mortis must be made in contemplation of
death....

Joint or alternate deposit as gift.

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Joint or alternate deposit effective on donor's death,
see TESTAMENTARY DISPOSITION.

Necessity of delivery to complete gift where account
opened in two names, see DELIVERY.

Not established by deposit in two names, subject to the
order of either or the survivor..

119

another...

Symbolical delivery....

Use of words "joint owners," in deposit in two names
does not establish gift. . . . .

GUARDIAN.-Deposit in name of one person as guardian for

HUSBAND AND WIFE.-Gift causa mortis of joint or alternate
deposit; requirements as to delivery of pass-book...

50

126, 129

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Delivery of pass-book not necessary to complete gift of

account in names of husband and wife........63, 198, 233
Deposit in names of husband and wife creating tenancy

by the entirety....

Deposit in names of husband and wife does not vest
husband with title.

66, 160

241

Deposit in names of husband and wife belongs to
survivor....
.124, 233, 235, 248, 252, 260, 265
Deposit in names of husband and wife presumed to be
a loan and not a gift.....

Gift of joint or alternate account to take effect upon
death of husband.

Joint and alternate accounts of husband and wife...
Necessity of delivery of pass-book to complete gift of
account in names of husband and wife,

259

63, 122

61

62, 69, 70, 99, 122, 176, 240, 254
No gift to wife of deposit in names of husband and wife
where husband retains control of fund,

160, 176, 240, 241, 249, 254
Trust in favor of husband does not lapse by his death
before that of his wife...

186

Wife's money deposited in her name and husband's be-
longs to her upon husband's death.....
Wife's money, deposited in names of husband and wife,
held to belong to survivor....

126

157-8

INHERITANCE, TAX.-Trust account not subject to inheri-
tance tax.

226

INTENT. Creation of estate by the entirety by deposit in
names of husband and wife depends upon intent. . . . 160-1
Deposit in trust account for purpose of drawing interest
on larger amount.

208, 217

Deposit limit as explanatory of trust deposit (see also
DEPOSIT).

Depositor's testimony that he intended to create trust

not conclusive....

.18, 144

...210-11

Established by declarations of depositor of trust ac-
count, (See also DECLARATIONS.). . . . . . . . 13, 88, 93, 142, 179.
Fact that depositor has deposited maximum amount
not inconsistent with trust account.....

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

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