Spinner v. Johnson

California Court of Appeal Mar 18, 1940 No. Civ. 6291Published

Before: Pullen

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Holding. The court held that the evidence failed to establish the creation of a private or charitable trust in the bank account, as the decedent did not divest himself of control over the funds and the writings failed to meet the statutory requirements for a valid will.

Issues

Whether the evidence was sufficient to establish the creation of a trust in the bank account for the benefit of the appellant.
Whether the decedent's writings and actions constituted a valid testamentary disposition or a trust.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The existence of a trust must be established by evidence that is clear and convincing and this question as to whether the evidence is of such a nature is one to be determined by the trial court.”

“The rule is well established that equity will not give effect to an imperfect gift by enforcing it as a trust, merely because of the imperfection”

“Testamentary dispositions must conform, and be given effect, only through a validly executed will.”

PULLEN, P. J.

This is an appeal from a judgment rendered against appellant upon an action brought to establish a trust in moneys left in a bank account.

The circumstances giving rise to appellant’s claim as evidenced by the testimony and which is not contradicted, are that appellant, Mrs. Nettie Spinner, met Alfred Alberts some time in the year 1911, and they became and remained friends until the time of his self-inflicted death on May 15, 1933. In 1921 Nettie Spinner married Andrew Spinner, a member of the Los Angeles Police Department. When it was discovered, shortly after the marriage, that Mr. Spinner was also a friend of Alberts, he was invited to visit them at their home, and thereafter became a frequent visitor at their home, and on three or four Christmas days was a special guest at dinner. It appears that Alberts had no relatives or close friends, and was considerably older than Mr. and Mrs. Spinner.

[45]

Prior to July, 1931, Alberts had opened a savings account in his own name with the Security Trust and Savings Bank of Los Angeles. At the time of his death on May 15, 1933, there was on deposit in such account, approximately $14,000. No heirs having been discovered during the administration, this money, which constituted the entire estate of Alberts, was, on February 21, 1935, distributed to the State of California as provided by law, and is still held by the state treasurer as custodian.

Some time in July, 1931, Alberts went to see Mr. Spinner and turned over his bank book to him, stating that it was to be given to Mrs. Spinner and that he, Alberts, was giving Mrs. Spinner his money as represented by the savings account in the bank book. The bank book was given to Mrs. Spinner, and Mr. Spinner told her of the conversation with Alberts. Mr. and Mrs. Spinner testified that on a number of occasions subsequent to this event Alberts stated to them that the money was for Mrs. Spinner; that it would take care of her if anything happened to him. Mrs. Anderson, a friend of Mrs. Spinner, testified that on one occasion while in the Spinner home, Alberts had stated to her that he had given everything to Mrs. Spinner.

In July, 1931, not long after Alberts had given the bank book to Mr. Spinner, he requested that it be returned to him for the purpose of making a deposit or withdrawal. The request was granted, and after Alberts had used the book for the purpose stated it was returned to Mrs. Spinner. Thereafter the bank book was turned over to Alberts at various times for the purpose of making deposits or withdrawals, and' always returned to Mrs. Spinner. Toward the last of April, 1933, the bank book was again given to Alberts and he failed to return it to Mrs. Spinner.

Spinner v. Johnson

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PULLEN, P. J.

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