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BANK OFFICER SUES FOR FUNDS PLACED IN SAFETY DEPOSIT (Continued From First Page.) requiring the receiver to show cause why the money should not be turned over to him as executor and to decide whether the bank or the society is entitled to the funds. Justice Daniel W. O'Donoghue set March 28 as the date for the hearing on the petition. The will directed that $20,000 be paid to a hospital at Fort Yukon, Alaska, but the hospital was not incorporated and could. not accept the money. Withdrew Funds. The court ordered it with interest turned over to the society which operates the hospital. After drawing the check Smith transferred the amount it called for from his savings account as executor to his checking account as executor. In his petition, Smith said: "For many years your petitioner has been employed by the bank in charge of the savings department with the title of assistant cashier. He had knowledge of the fact that banks in several States had been closed, and was informed that there had been abnormal withdrawals from certain banks in the District and had personal knowledge that there had been adnormal withdrawals from the Commercial National Bank. On the morning of February 27 he became apprehensive that all banks in the District might close and in order to protect the interest of the beneficiaries of the estate withdrew about $9.000 in cash, the same being the entire balance to his credit as executor in a savings account. and later on the same day withdrew the $20,233.42 from the checking account." Both sums were placed in the safe deposit box which already contained various notes and other property of the estate. Found Bank Closed. Smith told the court he was not a general executive officer of the bank. that he was not a member of the board of directors, that he was not informed as to the bank's policies and that on the day of the withdrawals he did not know the bank was insolvent, nor that its closing was in contemplation. On the morning of February 28. he said. he went to the bank for work as usual, and found it closed by order of the controller of the currency. Some time later. he said. he learned that the check had been returned unpaid to the missionary society. On March 13. he applied to Baldwin for access to the box, but this request was refused. The refusal was on the theory that the transfers violated a section of the United States code relating to transfers made in contemplation of insolvency, or with a view to preferring one creditor to another. Smith says the transfers were made. not with any intention of violating the law. but to carry out an order of the court to safeguard the trust funds. The petition was filed through Attorneys G. B. Craighill and B. D. Boteler.