Brown v. MacDougall

BARNARD, P. J. This is an action by the heirs of Thomas Goughian and the administrator of his estate to recover certain money and property which had formerly been owned by the deceased, but which at the time of his death stood in the [492]name of Goughian and the defendant as joint tenants, with the right of survivorship.

Early in 1934, Goughian went to a hospital and later to a sanitarium where he died on October 25, 1934. He had been friendly with the defendant for about thirteen years and on March 17, 1934, at his request, $1,000 was moved from one of his savings accounts to a cheeking account and the defendant was authorized to sign checks thereon as Goughian’s attorney-in-fact. This arrangement was carried through by the defendant who went to the bank and inquired how it could be done and took the necessary papers to Goughian for his signature. At the same time Goughian told the defendant to take out $50 a month for his trouble, which the defendant did. On March 26, 1934, two of Goughian’s savings accounts were changed into joint tenancy accounts in the names of Goughian and the defendant, with the .right of survivorship, and on May 21, 1934, Goughian’s checking account was likewise changed to such a joint tenancy account. On July 2, 1934,. Goughian’s safe deposit box, containing the personal property in question, was changed to a similar joint tenancy. In connection with the creation of each of these joint tenancies, forms furnished by the banks were signed by Goughian and by the defendant.

It also appears that in 1931, a lawyer named McCann drew a will for Goughian, in which he named his sister, who lived in Ireland, and her heirs as beneficiaries. Goughian had never seen these heirs, who are joined as plaintiffs in this action. In 1932, Goughian received a letter stating that his sister in Ireland had died. Shortly thereafter, Goughian told McCann that his sister had died, that he had nobody in Ireland in whom he took an interest, and that he was going to change his mind. Two weeks later he returned and asked for the will, telling McCann that he had changed his mind. He took the will away with him and the same was never found. After his sister’s death, Goughian wrote, or had written for him, several letters to his brother-in-law in Ireland or to other relatives there. In the first of these, after speaking of the death of his sister, he spoke of some mining claims which he said he hated to give up, and said “It is not for myself but I’d like to make a good-sized stake and leave it to the children”. He also said he had made a will a couple of years before in favor of his sister and the children, and then