Geisel v. Burg
| Citation | 276 N.W. 904,283 Mich. 73 |
| Decision Date | 29 December 1937 |
| Docket Number | No. 79.,79. |
| Parties | GEISEL v. BURG et al. |
| Court | Supreme Court of Michigan |
OPINION TEXT STARTS HERE
Suit by George J. Geisel, administrator of the estate of Lucetta Burg, deceased, against Charles Burg, Pharo C. Burg, and others, wherein Charles Burg filed a cross-complaint making all other parties cross-defendants. From the decree, the administrator and Grover F. Burg appeal, and Charles Burg cross-appeals.
Decree reversed and rendered.Appeal from Circuit Court, Washtenaw County, in Chancery; George W. Sample, Judge.
Argued before the Entire Bench.
Arch D. Wilson, of Ann Arbor, for appellant George J. Geisel.
Frank B. DeVine, of Ann Arbor, for appellant Grover F. Burg.
Roscoe O. Bonisteel and Burke & Burke, all of Ann Arbor, for cross-plaintiff Charles Burg.
Lucetta Burg, an unmarried woman, died September 18, 1934, and was survived by the following heirs: Charles Burg, a brother; Pharo C. Burg, Grover F. Burg, John A. Burg, Ralph E. Burg, Charles S. Burg, nephews; and Marie G. Burg, a niece, all of which nephews and the niece were children of a deceased brother Frank Burg.
At the time of her death, Lucetta Burg had in her possession, in a shoe box under her bed, the following certificates of deposit:
Certificate of deposit dated September 17, 1934, in the sum of $4,462 issued by the Citizens Bank of Saline, payable to the order of herself and on the back of which was the following statement, not in the handwriting of the deceased: ‘In the event of my death pay to the order of my brother, Charles Burg.’ This certificate was not indorsed.
Certificate of deposit dated July 29, 1934, in the sum of $3,946 issued by the Citizens Bank of Saline, payable to the order of herself and on the back of which appeared the following indorsement: ‘In the event of my death pay to the order of Grace M. Burg, Lucetta Burg.’
A certificate of deposit dated July 29, 1934, in the sum of $4,412 issued by the Citizens Bank of Saline, payable to the order of herself and on the back of which appeared the following indorsement: ‘In the event of my death pay to the order of Pharo C. Burg, Lucetta Burg.’
A certificate of deposit dated June 15, 1934, in the sum of $9,400 issued by the Citizens Bank of Saline, payable to the order of herself and on the back of which the following appeared which was not in the handwriting of the deceased: ‘In the event of my death pay to the order of Charles Burg, brother, of Colorado Springs, Colo.’
A certificate of deposit dated April 9, 1934, in the sum of $8,932 issued by the Citizens Bank of Saline, payable to the order of herself and on the back of which appeared the following: ‘In the event of my death pay to the order of Charles Burg, brother, of Colorado Springs, Colo., Lucetta Burg.’
At the time of her death, Grover Burg, a nephew, had in his possession the following certificates of deposit:
A certificate of deposit purchased by Lucetta Burg May 15, 1934, from the State Savings Bank of Ann Arbor for $8,000 payable to the order of self or Charles Burg which was not indorsed.
A certificate of deposit in the sum of $16,359 purchased from the Farmers & Mechanics Bank of Ann Arbor. This certificate of deposit was payable to the order of Lucetta Burg and on the reverse side of the certificate was the following: ‘In the event of my death pay to the order of my brother Charles Burg,’ signed by Lucetta Burg and witnessed by Mildred Hallen and B. A. Van Sickle, employees of the Farmers & Mechanics Bank.
At the same time, Grover Burg also had in his possession the following certificates of deposit purchased from the First NationalBank of Ann Arbor, dated May 15, 1934:
One in the sum of $4,075 payable to the order of Lucetta Burg or Pharo C. Burg, with no indorsement; one in the sum of $8,487 payable to the order of Lucetta Burg or Ralph E. Burg, with no indorsement; one in the sum of $8,487 payable to the order of Lucetta Burg or John A. Burg, with no indorsement; one in the sum of $8,487 payable to the order of Lucetta Burg or Grover F. Burg, with no indorsement.
The administrator did not know of the last four certificates of deposit until after he filed the inventory. The question naturally arose as to the ownership of these various certificates of deposit and the administrator filed a bill in the chancery court of Washtenaw county to determine this question. During the trial of the cause it developed that, of the certificates in possession of Grover Burg at the time of Lucetta Burg's death, he at first delivered to the administrator all of the certificates upon which Charles Burg's name appeared and retained those in which the names of his brothers and sister appeared; that Grover Burg took care of many of the financial transactions of Lucetta Burg and filed a claim against the estate in the sum of $30,000.
The trial court held that it was the intention of Lucetta Burg to make gifts of the funds represented by the various certificates of deposit to the donees named in said certificates and entered a decree accordingly. The administrator and Grover F. Burg appeal; and Charles Burg cross-appeals.
The defendant and cross-defendant Grover F. Burg contend that the certificates of deposit purchased by Lucetta Burg and which were found in the shoe box are not the property of the persons whose names appear on the back thereof, but that they are the property of the estate as there was no transfer of the property by the donor, she having retained possession of the box until her death; that the certificate of deposit in the sum of $16,359 purchased from the Farmers & Mechanics Bank upon which she had indorsed a memorandum to the effect that in the event of her death, the certificate of deposit was to be paid to Charles Burg, her brother, became intestate property as she made no declaration during her lifetime of an intent to give the same to Charles Burg; that the certificates of deposit in the sum of $8,000 purchased from the State Savings Bank and made payable to the order of ‘self or Charles Burg (brother)’ also became intestate property for the reasons stated above; and that the certificates of deposit made payable to Lucetta Burg and her nephews and niece are the property of the nephews and niece as delivery of the same was made to Grover Burg as agent of his brothers and sister.
It is contended by Charles Burg, cross-plaintiff, that the certificate of deposit of the Farmers & Mechanics Bank indorsed to Charles Burg should be declared a will; and that as to all of the other certificates of deposit, they are valid gifts and should go to the respective donees named therein, or, in the alternative, that they were attempted testimentary dispositions and, having failed to pass any interest to the copayee or indorsee named thereon because of the lack of statutory testamentary formalities required to make a valid will, the same now become intestate property.
It is the claim of the administrator that the four certificates of deposit purchased by Lucetta Burg from the First National Bank of Ann Arbor and made out to the nephews and niece as alternate payees are not the property of the persons whose names appear on the face of the certificates, but are the property of the estate; and that as to the other certificates of deposit, there being no evidence of delivery, they are the property of the estate.
In our examination of the record and the law applicable thereto, we are constrained to hold that as to the certificates of deposit found in the so-called ‘shoe box,’ there was no delivery and the same now become the property of the estate.
In Garrison v. Union Trust Co., 164 Mich. 345, 129 N.W. 691, 692,32 L.R.A. (N.S.) 219, we said: ‘To constitute a valid gift inter vivos, there must be a gratuitous and absolute transfer of the property from the donor to the donee, taking effect immediately, and fully executed by a delivery of the property by the donor and an acceptance thereof by the donee.’ See,...
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