made a deposit in the name of the donee, a minor, naming her mother as guardian. It was found that she then intended to make a gift of the money to the donee.

The distinction between the case at bar and the two cases last cited, consists not so much in the circumstances that in each of those cases the donee was a minor, while in this case he was of full age, as in the fact found that the donor in each case intended a present gift, no such intention being found in the present case. The circumstance that the donor in one case made the deposit subject to his control as trustee, and in the other she made it subject to the order of a third person as guardian, did not prevent the gift from taking effect presently, such being the intention of the donors. In this case we look in vain for any such intention on the part of Alden Burton. It is not found in express terms, and the facts stated, as matter of law do not show such intention.

The fact that a part of the deposits were made in the plaintiff's name affords the strongest evidence of an intention to make a gift; but that does not necessarily show an intention to make a present gift. It is equally consistent with an intention to have the gift take effect at some future time.

The direction in the envelope "deliver this to James Burton after my decease with all my books" is not of much weight. It is not certain by whom or for what purpose that was written. But if it is to be regarded as the language of Alden Burton, its meaning may be to deliver him as executor. So far as this direction is to be considered as the direction of the father and to refer to the books now in question, it clearly shows that the father did not intend that the books should be delivered to the son for any purpose until after his decease.

The absence of any declaration by the father to the son or otherwise that he intended to give the money to the son during his life, is significant, especially as there

were two occasions, once when he went to the bank with the conservator, and once with the son, when we should naturally expect, if he intended to give the money then or previously deposited to his son to take effect immediately, that he would say so rather than use an indefinite, vague expression, that he was going to deposit money for him.

The fact, also, that one of the books was in his own name, that the other was at his absolute control, that he kept the books in his own possession and drew out and deposited money as he pleased and so long as he lived, is important.

But the circumstances which seem to be of controlling weight are the two orders which he signed, one in each of the books. He was a depositor in the bank for twenty years before his death, and was a corporate member and a trustee. As such he knew the regulations of the bank and what was required in order to effect a valid transfer of the money therein deposited. He had that subject in his mind and acted upon it so far as to sign the orders referred 0. The one in the book standing in his own name, was payable to his son without limitation as to time, but it was never delivered. The one in the book standing in the name of "James Burton, order of Alden Burton" was in terms to pay at his decease. That order, too, was never delivered. For some reason, if he ever intended to give the money to his son, he never consummated the gift by vesting in him either the legal or equitable title.

The law will recognize and enforce gifts when they are clearly established if creditors are not thereby prejudiced; but claims of this character are so open to fraud, and so liable to be made, especially against the estates of deceased persons, when there is little foundation for them, that courts will not regard them with favor, and will not sustain them unless fully proved; in other words, there is no presumption in their favor.

The court did not find in terms that there was a gift during the lifetime of A'den Burton, and the facts stated fail to establish one.

B; ONLY A TO DRAW.

Buckingham's Appeal, (1891), 60 Conn. 143, 22 Atl. Rep. 509.

A deposited money in the name of " B; only A has power to draw," declaring to the bank officer that she wanted the money to belong to B, but to be so fixed that B could not draw it out and spend it during A's life. A also informed B that she had given her the money. B wrote her name in the signature book. The bank book remained in A's possession until her death except it was shortly before her death, given into the temporary possession of B and then returned to A.

Held: A intended to and did make a valid gift of the deposit to B in her lifetime, and her subsequent control was as trustee for B.

On October 15, 1884, Irene M. Clark had on deposit in the Connecticut Savings Bank of New Haven, $5,871. On that day she went to the Savings Bank at New Haven and told the teller to write up her deposit book and expressed a desire that $1,500 should be transferred from her account to each one of her three nieces. This was done, and three new accounts were opened in their names for her nieces Mary Bell Clark, Emma Clark and Ellen C. Platt, and three pass books made out in these names and given to Irene M. Clark.

Mrs. Clark told the teller that she wanted to have the books so fixed or the entries so made that the money should belong to the three nieces named by her, but so that they could not draw it out and spend it during her life. The teller, therefore, entered upon each of the pass books-" Only Mrs. Irene M. Clark has power to draw." Mrs. Clark while at the bank declared to Mrs. Ellen C. Platt, one of her nieces who had accompanied her, that

she had given her $1,500 and that she had given the same amount each to Emma Clark and Mary Bell Clark.

The bank had a book called a signature book, in which it entered the name of each depositor with other facts relating to the depositor for purposes of identification. When the bank books were given to Mrs. Clark, Ellen C. Platt wrote her name in this signature book opposite the number of the book in her name and Mrs. Clark also signed under the name of Mrs. Platt, and the two named were included in a bracket. The teller added to the name of Mrs. Clark the word "trustee." The words "Mrs. Clark only to draw" were also written in the margin by the teller. Bank slips were also handed to Mrs. Clark by the teller and she was requested to obtain the signatures of Emma Clark and Mary B. Clark upon those slips and to have them write upon the slips certain other required facts and return the same to the bank to be pasted in the signature book, and this was afterwards done.

On the same day upon her return home, Mrs. Clark showed these three bank books to the husband of Ellen C. Platt and said to him that she had given the girls $1,500 each. Mrs. Clark also informed Mary B. Clark and Emma Clark that she had made each a gift of $1,500 and other personal friends and neighbors were informed by her that she had given to these nieces $1,500 apiece.

The bank books remained in the possession of Mrs. Clark until her death with the exception of a short period before her death when they were delivered to Mrs. Ellen C. Platt with four other bank books belonging to Mrs. Clark absolutely, she remarking at the time "Nellie, I want you to take these bank books and keep them until I call for them; possession is half." They were retained by Mrs. Platt or a few days when they were asked for by Mrs. Clark and returned to her.

In a controversy between the executor of Mrs. Clark's will and the three nieces,

Held: That Mrs. Clark intended to and did make a valid gift of these deposits to her nieces during her lifetime, which was accepted by the nieces; and that her subsequent control over the deposits was as trustee for the nieces.

A AND B, PAYABLE TO BOTH.

Appeal of Main, (1901), 73 Conn. 638; 48 Atl. Rep. 965. A deposit by a mother of money in the name of herself and her daughter, payable to both, where the mother does not intend to make a gift, but intends merely that the money shall go to the daughter upon the mother's death, creates no gift in favor of the daughter.

In 1895 Sarah A. Goodrich opened three accounts in the Dime Savings Bank in Norwich, Conn. In each instance the account was opened in the name of the depositor and one of her three daughters, " payable to both." It appeared that it was Mrs. Goodrich's wish that the money should go to the daughters upon her death. She retained control of the pass books during her lifetime and intended to retain control of the money. The deposits were made by an agent, who informed the bank of Mrs. Goodrich's wish in the matter. He was told by the bank officers that the entries could not be made in the deposit book in the specific language requested by Mrs. Goodrich, but that, "if they put the money in the names of both mother and daughter, as they in fact did place it, it would have the effect that Mrs. Goodrich desired." With the exception of the addition of interest the amounts remained unchanged until Mrs. Goodrich's death in 1898.

Upon her death one of the daughters claimed onehalf of the deposit, in which her name appeared, as a gift to her from her mother. It was held that there was no gift; the transaction was an attempted testamentary disposition and was invalid because not made in proper form.