Beals v. Crowley
Synopsis
Appeal from a judgment for the defendant, and from an order denying a new trial in the Sixth District Court, County of Sacramento. Denson, J.
The facts of the case as appearing from the evidence were substantially as follows: Charlotte H. Morgan, the plaintiffs intestate, some time previous to her death, in consultation with her attorney, told him that she wanted to give her money to certain parties, and that she did not wish to have it ■go through the Probate Court; and was advised by him that •she would have to make an absolute gift of the money, and that afterwards she could request the donee to distribute the money according to her request, but would have to depend entirely upon his honor to do it, because she would have to leave it in such a shape that the money would be gone from her and given to the party absolutely.
Conversations also took place between her and the defendant in which she told him that she wished to leave money to certain parties, naming them, which she did not wish to appear in her will.
Afterwards and a few hours before her death, she gave to the defendant her check on the Sacramento Bank, and also assigned to him her accounts in the Odd Fellows’ Savings and Commercial Bank and in the Capital Savings Bank, the amounts of the check and the accounts aggregating $2,548.
The defendant went and had the money transferred to him; and after his return, the intestate directed him to pay out the greater part of the amount, in sums averaging about three hundred dollars, to various persons; but as to the balance, amounting to nine hundred and sixty-six dollars, she gave no directions. After her death, the defendant paid out, as far as she told him, the sums of money she designated. The action was brought to recover as well the amounts thus paid out, as the amount remaining in his possession, and the Court found for the defendant as to the whole.
The Court: We are of the opinion, that the evidence fails to show that there was any gift from the deceased, Mrs. Morgan, to the defendant, Croly, of the nine hundred and sixty-six dollars.
Judgment and order reversed and cause remanded for a new trial.
Myrick, Sharpstein, and MoKee, JJ., dissenting:
It is clear to us that A. may deliver to B. personal property with instructions that B. deliver the same to C., and'if such delivery to B. is with the intention on the part of A. to pass the title to B., so as to make it a gift, it is good, even though B. does not deliver the property to C. until after the death of A. If Mrs. Morgan delivered to the defendant the two thousand five hundred and forty-eight dollars for which this suit was brought, with instructions to deliver portions thereof to parties named by her (the aggregate of the portions not, however, amounting to the full amount), and if, at the time of such delivery, she intended that the title to the money should pass from her, the gift was complete as soon as the defendant had possession of the money. The findings of the Court below can be sustained upon the theory that Mrs. Morgan intended that so much of the money as she did not direct to be paid to the other persons named should be retained by the defendant. The Judge of the Court below must have believed such to have been her intention; and there is some evidence upon which to base such belief. The written reply of the defendant to the demand of plaintiff for the money does not necessarily negative an idea of a gift; it is merely a statement of the facts: “Previous to her death she gave me the sum of two thousand five hundred and forty-eight dollars, one thousand five hundred and eighty-two dollars of which has been paid out according to her directions previously given. A balance of nine hundred and sixty-six dollars still remains in the Odd Fellows’ Savings and Commercial Bank, less ten per cent., which I have drawn, and for which Mrs. Morgan gave me no directions as to the disposition.”
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