ARMSTRONG v. O'BRIEN


329 Mass. 572 (1952)

109 N.E.2d 647

PAUL F. ARMSTRONG, administrator, vs. JEROME E. O'BRIEN & others.

Supreme Judicial Court of Massachusetts, Bristol.

December 30, 1952.


Attorney(s) appearing for the Case

Ronald A. Brais, for the petitioner.

John W. McIntyre, (Dean K. Howerton with him,) for the respondent O'Brien.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.


SPALDING, J.

The ownership of three savings accounts is in dispute here. The petitioner, who is the administrator with the will annexed of the estate of Cornelius O'Brien, contends that the accounts belong to the deceased's estate, whereas the respondent Jerome E. O'Brien (hereinafter called the respondent) asserts ownership by reason of an alleged gift inter vivos. From a decree in favor of the respondent, the petitioner appealed. The material facts were found by...

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