Wescott v. First & Citizens National Bank

While Ulysses Robbins, a sergeant in the United States Army, was stationed in Italy, he sent a letter to First & Citizens National Bank (the bank) (defendant) stating that he wished to open an account into which the bank was to deposit funds that Robbins would send periodically. The letter stated that Robbins wanted the account to be a “for trust” account with himself as the only party having access to the funds during his life and with his grandfather, Ulysses Wescott (plaintiff), as the account beneficiary if Robbins died. However, the letter stated that Wescott should become eligible to receive the funds only once Robbins had been dead for five years. The next week, Robbins sent a letter to Wescott describing his arrangement with the bank. He noted that he intended to use the account for business purposes once the war ended. Over the next six months, Robbins made deposits totaling $6,900. He was then killed while serving. Wescott sued the bank and the administrator of Robbins’s estate (defendant), seeking a judicial declaration that Wescott was entitled to the account funds. The administrator represented the interests of Robbins’s next of kin, who were minors. The trial court deemed Wescott entitled to the funds but subject to certain allowances for the next of kin. Both Wescott and the administrator appealed.