Marion L. McQuade, executrix, v. Springfield Safe Deposit and Trust Company, 333 Mass. 229

Summary

The executrix brought an action against the bank to recover property that was in the decedent's safe deposit box. The trial court found for the executrix and the court reversed. The court held that the power of attorney given by the decedent to his sister to access the safe deposit box was satisfactory because it sufficiently gave the sister authority. The lack of a second signature to verify the attorney-in-fact's identity did not affect the power. The decedent's writing "to use bank key" on the power of attorney did not limit the entry of the sister into the safe deposit box when the bank actually had to remove the lock because the language was merely incidental to the power. The court also found that even if it had believed that the decedent was incompetent to make the power of attorney, the bank had no knowledge of the decedent's mental condition. The bank acted in accordance with its contract with the decedent, in good faith, and according to its usual practice.