In re Brown's Estate
| Decision Date | 10 April 1901 |
| Citation | 85 N.W. 617,113 Iowa 351 |
| Parties | IN THE MATTER OF THE ESTATE OF JOHN BROWN, Deceased |
| Court | Iowa Supreme Court |
Appeal from Jones District Court.--HON. H. M. REMLEY, Judge.
UPON the death of John Brown, in December, 1896, his wife, Mary and son, Maurice, were appointed executors of his estate. In February, 1898, Maurice stated in his report as executor that deceased had deposited in the bank of L. Schoonover at the time of his death, evidenced by certificates of deposit, $ 1,600, of which he had no knowledge in filing the inventory and asked that the same be distributed one-third to his mother, and the balance to him, as he had purchased his sister's interest. To this the mother filed objections supported by her affidavit that the certificates were her individual property, but these were subsequently withdrawn and the report approved. December 8 following, Maurice filed his final report, to which the widow filed exceptions, averring, in substance, that the certificates referred to belonged to her, and ought not to be included in the settlement of the estate; that said Maurice never had but $ 1,000 thereof, and that was loaned to him by the mother to enable him to purchase his sister's interest; that she neither signed nor was consulted about any of the reports filed; that she was induced to withdraw her objections to the former report by his promise to support and maintain her, which he had failed to carry out--all to mislead and cheat said widow. And she prays that the approval of the former report be set aside and the executor be required to account for said money. Later, Maurice filed a substituted report, setting out the agreement withdrawing exceptions to the former report, and averring that the estate was settled as therein mentioned. The district court ordered the report set aside, and Maurice, as executor, to pay the widow, with other sums, the amount of the certificates. From this order he appeals.--Modified.
MODIFIED and AFFIRMED.
C. J. Case and D. McCarn for appellant.
Ellison & Ercanbrack for appellee.
Money had been kept on deposit by deceased in the bank of L Schoonover for many years, evidenced by certificates of deposit in the name of John or Mary Brown. The certificates in controversy were issued October 15, 1896, to John and Mary Brown. According to the banker, they were so drawn that in event of Brown's sudden death his widow, rather than administrator, might obtain the money. He appears to have made the deposits, but she to have taken care of the certificates. The source of this money is not disclosed, though she testified to having bought 120 acres of the farm 25 years prior to the trial; and Schoonover, to his understanding that it belonged to her husband. Maurice, the son, relates seeing his father deposit money, and states generally that it was earned on the farm. Conceding all said, save Schoonover's understanding, which can be given no weight, to be true, and it is not in any way inconsistent with the joint ownership indicated by these certificates. Nor do we think the deceased parted with his interest therein during his lifetime. It appears to have been his design to have the certificates so drawn that he might have and control them while living, and that upon his death they might pass eo instante to his wife. Schoonover testified: The witness advised that he would pay either on the presentation of the certificates. This indicates no intention to part with the title or control during life. If not, then the transaction fell short of a gift, as there was no present delivery. True, the certificates were placed in the wife's keeping, but not with the purpose of transferring title. Each still had the right to draw the money. In order to constitute a gift, there must be an actual transfer by the donor of all right and dominion over the thing...
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