The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-05-19
Supreme judicial Court.
pEFoRE JUDGE HASKELL.


SATURDAY-An adjourned session of the April
term was held this morning by Judge Haskell, IN
the absence of Judge Virgin.
Velmer f. Valpey VS.. Charles A. Valpey. Llbel
for divorce Divorce decreed the ground OF gross
M. P. Frank for libellant.
Jennie Mushrall VS.. Joseph w. Mushrall. Libel
for divorce. Divorce decreed on the ground of ut
ter deserton continued for three consecutive years
next prior to the filing of the libel.
John d. Anderson for hbellant.
Portland Savings Bank in equity vs.. Abbie Con-
ely ct al. This is bill in equity brought by the
Portland Savings Bank disclosing In its hands the
sum of So, sos which it alleges is claimed by Alb
bic Conelly to be her properly, and by John d.
Lynch, as administrator Of William Coneily the DE-
posto be the goods and estate of the deceased to
which he was entitled. The Court decreed an in
terpleader, and thereupon, by agreement, the an
swer of the defendant, Abbie Conelly was stlpula-
ted to be taken as bill of interpeader and the an
swer of John j. Lynch, administrator to be taken
as answer thereto, to which replication was MED.
The case was heard upon the pleAdings and proof.
The facts were substantially as follows: On the
14th of May, 1854, William Conelly, then alive
but now dead, deposited in the compliments bank,
a sum of money which was entered upon its books
in the folgwng form: Payable in case OF death on
ly to sister Abbie Connolly. of Bath, Maine" A
like condition expressed at the head of the pass
book given to the depositor. 10 this account from
time to time sums of money were added and
drawn that at the death of interstate the balance
remaining in the bank with interest accrued was
$3,256 OF, and since the death OF the deposi
tor Sill thereof has been paid to the admin tra
tor leaving the balance before stated of $3,l460S.
law of the bank and was printed in the pass book
delivered to the depositor land which it was shown
the depositor was capable of reading:
15-Any depositor, with the consent OF the man
ayers may designate in writing the time the sum de-
posted by HIM shall remain in the bank and the
person to whom the deposits and dividends there
on shall be payable. and may prescribe any other
special conditions of deposit, which directions and
conditions shall be observed by the corporation, sab
ject to the last clause of the 18th regulation, and
shall be binding on the depositor and his legal rep
resentatves."
The last clause Of II is: 1.-THE managers may de-
cline to receive deposit when they deem it expe
dent, and may, at their pleasure repay all or any
part of any deposit to the person entitled to receive
the aame''
1t was in proof that from the date of that deposit
to within five years of the decease of William Con-
ely he had repeatedly expressed desire and inten
tion that his money should go to and become the
property of Abbie Conelly when he was dead, and
that prior to his death no asked Mr.. E. A. Noyes,
the treasurer of the bank, if the entry on the bank
book would save any trouble about his sisters get
ting the money, and Mr.. Noyes told him he thought
it would. The bank book remained in the posses
sion and control Of the intestate until his death
and was produced in Court by his administrator. 1t
was shown that at several times in his lifetime he
had contributed towards Abbie's support sums of
money as high as twenty dollars at time; that she
was feeble and unable to support herself. 1t does
nat appear that Abbie knew of this deposit or the
condition of it. Decision reserved.
Washington Gilbert for Abbie Conely.
John j. LYNCH. Administrator,