
    Anna M. Hayes, an Infant, by Patrick Hayes, Her Guardian ad Litem, et al., Appellants, v. Frederick C. Claessens, as Administrator of the Estate of Christina McGovern, Deceased, Respondent.
    
      Title — savings banks — when order to change savings bank account to joint account of depositor and another does not operate as transfer of title to fund.
    
    
      Hayes v. Claessens, 202 App. Div. 765, affirmed.
    (Argued October 13, 1922;
    decided November 21, 1922.)
    Appeal from a judgment entered May 11, 1922, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This action was originally commenced against the Manufacturers’ National Bank of Troy, N. Y., as defendant, and by the complaint a recovery was sought from said original defendant of the amount of a deposit of moneys in its bank in the names of the plaintiffs. The respondent was substituted in the place of the original defendant and the moneys involved were deposited as a fund in court, pursuant to an order of interpleader, it appearing that a part thereof had been withdrawn by one of the plaintiffs from an account formerly belonging to one Christina McGovern under authority of the following order:
    
      “ Manufacturers’ National Bank of Troy, N. Y.
    
      “ Pay Trans to Joint % Margaret Hayes and Christina McGovern or Bearer Seventy-eight hundred one 69/100 Dollars, an account of Money standing to my credit or subject to my control in your Bank, as a Special Deposit on interest per Pass-Book No. 14916.
    
      “ Dated Apr. 14, 1917. Her
    “ CHRISTINA X MCGOVERN.
    “ Witness — Charles J. Cote.” Mark
    The Appellate Division held that this instrument did not operate as a transfer of title to the fund. (See Hayes v. Claessens, 234 N. Y. 230.)
    
      
      Andrew J. Nellis, James Farrell and James F. Brearton for appellants.
    
      John T. Norton for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  