BRANNAN v. ELIOT FIVE CENTS SAVINGS BANK

Savings Bank. Assignment. If a depositor in a savings bank delivers to another person his bank book and an order in writing on the bank to pay to such person the amount standing to the depositor's credit with the bank, a valid assignment and transfer of the deposit is effected and the transferee receives a complete title thereto which the bank is bound to recognize although the book and the order are presented two hours after the depositor's death and the bank has notice of the death.

MORTON, J.

The delivery of the bank book and order by the depositor to the plaintiff constituted a valid assignment and transfer of the deposit to him and gave him a complete title thereto. Davis v. Ney, 125 Mass. 590. Kimball v. Leland, 110 Mass. 325.

There is nothing in the statute referred to (St. 1908, c. 590, § 65) or the by-laws to prevent the plaintiff from maintaining this action. The statute merely provides that a bank may pay an order after the death of the depositor if presented within thirty days after its date. A similar provision exists in regard to the payment of checks. R.L.c. 73, § 17. The by-law provides for the payment, after the death of the depositor, of money standing to his credit to his legatees, heirs at law, or legal representatives, and has nothing to do with and does not affect in any way a transfer of a deposit by the depositor.

Exceptions overruled.