changed to Arthur Cloutier's individual account.
There is some conflict in the testimony, but the bank President testified, and I so find, that when Arthur Cloutier told him he wanted to put all of the funds in an account for Virginia Ploof because he was about to undergo serious surgery, the President asked Virginia to leave them so that they could talk in private and prevailed on Arthur Cloutier to, at least, retain a power of attorney, and that was done. Arthur Cloutier conceded that he intended to accede to Virginia Ploof's request and place all of these funds in her name. This bank account is the subject of the Plaintiff's claim. Virginia Ploof died on July 5, 1977. On July 12, 1977, Arthur Cloutier went to the bankand without any discussion with his good friend and confidant, the bank President, who would have known of Virginia Ploof's death and, therefore, the termination of the power, used the power of attorney to withdraw the $9,205.77 from the bank.
Mr. Cloutier testified that while he and Virginia Ploof lived together, they both worked regularly and pooled their funds which were deposited to the various bank accounts. Mr. Cloutier could offer no evidence as to who contributed how much except to state that though they each earned minimum wage, he made more money than her. Even though they lived in his house, he could not say whether he spent more or saved more. He also testified that on two occasions, he withdrew $400.00 and $500.00 respectively, and gave the