Owens v Greene, and Freeley v Greene

• Jurisdiction: Ireland
• Judgment Date: 01 January 1933
• Date: 01 January 1933
• Court: Supreme Court (Irish Free State)

[S. C., I. F. S.],

Re

and

M. J. Owens and P. Freeley

Plaintiffs

John Greene

Defendant

- Moneys deposited in joint names of depositor and another - Intention of depositor - Deposit payable "to them or either of them" - Receipts retained and interest drawn by depositor - Claim by survivor -Attempted testamentary disposition otherwise than by will - Wills Act, 1837, s. 3.

1. A. F.had moneys on deposit account in his name and had several receipts therefor which the bank manager retained at his request. On March 2nd, 1927, he said to the Bank manager that he wished to do something for P. F., and he put £16,917 on deposit in the joint names of A. F. (himself) and P. F. He wished to draw the interest without having recourse to P. F. and for that purpose was given deposit receipts in the joint names of A. F. and P. F.acknowledging the moneys to be payable "to them or either of them." To collect the interest it was...