#### William J. Smith, administrator of the estate of Melvin D. Haynes, deceased, appellant, v. J. Ernest Brook and Bank of Antioch, appellees.

Gen. No. 7,010.

Petition in eounty court by an administrator to recover a bank deposit claimed to be the property of deceased at the time of his death. Defendants discharged in circuit court from a citation ordering defendants to turn the certificate of deposit over to the administrator. Appeal from the Circuit Court of Lake eounty; the Hon. Claire C. Edwards, Judge, presiding. Heard in this court at the October term, 1921.

Affirmed in part, reversed in part and remanded with directions.

Opinion filed February 23, 1922.

Heydecker & Heydecker, for appellant; C. T. Heydeeker, of counsel. Eugene M. Runyard, for appellees.

Mr. Presiding Justice Dibell

delivered the opinion of the court.