
    Charles H. Horton vs. Henry E. Simmons, Administrator.
    PROVIDENCE
    
      MAY 11, 1897.
    Present : Matteson, C. J., Stiness and Tillinghast, JJ.
    Prom time to time between 1869 and 1873 a married woman deposited money in a bank for the benefit of her son. Upon her death, her husband living, the son brought assumpsit against her administrator to recover the money:
    
      Held, that the coverture of the defendant’s intestate was a bar to the action, and the plaintiff’s remedy was by bill in equity to establish a trust and for an account.
    Assumpsit for money deposited for the plaintiff’s benefit.
    Heard on the latter’s petition for a new trial.
    
      Charles H. Page and Franklin P. Owen, for plaintiff.
    
      Simon S. Lapham, Edward D. Bassett and Robert W. Burbank, for defendant.
   Per Curiam.

We think that the coverture of the defendant’s intestate is a defence to the plaintiff’s suit, and that his remedy is by bill in equity to establish a trust and for an account.  