In re Yale's Estate

• Decision Date: 10 April 1948
• Docket Number: 37067.
• Citation: 191 P.2d 906,164 Kan. 670
• Parties: In re YALE'S ESTATE. v. MEDLIN et al. PHILLIPS UNIVERSITY
• Court: Kansas Supreme Court

191 P.2d 906

164 Kan. 670

In re YALE'S ESTATE.

PHILLIPS UNIVERSITY v. MEDLIN et al.

No. 37067.

Supreme Court of Kansas

April 10, 1948

Appeal from District Court, Gove County; C. A. Spencer, Judge.

Appeal from District Court, Gove County; C. A. Spencer, Judge.

Proceeding in the matter of the estate of Albert Yale, deceased, on the claim of Phillips University on a check executed by decedent during his lifetime, opposed by R. B. Medlin, guardian of Minnie Yale, an insane person, and Merritt Yale and another executors of the estate of Albert Yale, deceased. From a judgment denying claim, Phillips University appeals.

Syllabus by the Court

1. Ordinarily a gift inter vivos is not completed by the issuance of a personal check which is not presented for payment during the lifetime of the maker, and a claim thereon against the estate of the maker should not be allowed. Following In re Estate of Brown, 159 Kan. 408, 155 P.2d 445.

2. The record does not establish that the check was issued in payment of a pledge or subscription in consideration of gifts and payments made by others to a university fund.

R. H Thompson, of Gove (J. H. Everest, of Oklahoma City, Okl., on the brief), for appellant.

J. H Jenson and Corwin C. Spencer, both of Oakley (Edward M Beougher, of Grinnell, on the brief), for appellees.

BURCH Justice.

The principal question presented by this appeal is whether an uncashed check given by a person before his death was an incompleted gift inter vivos, or was in the nature of a pledge or subscription and as such supported by a consideration developing from mutual agreement with other subscribers. A second question develops pertaining to the sustaining of objections to certain questions. The district court sustained a demurrer to the plaintiff's evidence on the theory that the check was an incompleted gift inter vivos.

The check was presented as the basis of a demand against the estate of Albert Yale, deceased. Written objections to the allowance of the demand were filed by R. B. Medlin as guardian of the person and the estate of Minnie M. Yale, who is an incompetent person and the widow of Albert Yale, deceased. The probate court refused to allow the demand and the claimant appealed to the district court, naming the guardian and the executors of Albert Yale's will as appellees.

In the trial of the case on appeal in the district court, the evidence developed that the appellant, Phillips University, in October, 1945, was a religious and educational corporation and was soliciting funds which were to be used for the purpose of constructing certain buildings, including a Bible college at the university. In furtherance of such purpose, the university had emloyed A. E. Elliott as a solicitor, and he and Andrew Yale, who is a son of the deceased, Albert Yale, interviewed Albert Yale with the intent of inducing him to sign a subscription agreement designated as 'Phillips University Advance.' During the talk among the partie, Elliott submitted to Albert Yale one of the blank subscription agreements. A copy of the blank agreement was introduced as an exhibit to Elliott's deposition. Examination of the exhibit discloses that the university was attempting to raise in seven years two million dollars for financing the construction of a bible college building, science hall, fine arts building, and for the purpose of endowing seven chairs at $100,000 each, establishing 30 scholarships at $5,000 to $7,000 each, and for increasing its trust fund from $750,000 to $1,500,000. The subscription agreement provided a blank space opposite each of the listed projects in which the subscriber might indicate to which of the various enterprises he desired to contribute. The agreement also provided that in consideration of the gifts and payments by others for a like purpose the subscriber promised to pay a sum of $_____, and provided that, unless otherwise specified, half of the subscription would be payable in cash and the remainder in two equal payments in one and two years from date.

The testimony developed also that Elliott and Andrew Yale explained to his father the whole program of the university and that Andrew Yale had theretofore subscribed $500, which money was to be used in connection with the furnishing of a room in the Bible college building to be known as the Language and Literature Room. According to the testimony of Andrew Yale, Elliott and he discussed with Albert Yale the possibility of the various members of the Yale family contributing enough money to furnish the room completely. While the testimony is rather obscure, the inference may be drawn therefrom that the cost of furnishing the room would probably amount to about $2,500, and that perhaps the various members of the Yale family would be willing to contribute such an aggregate amount. The subscription agreement, as submitted in the record, does not refer to subscriptions to be used for the purpose of furnishing rooms but, nevertheless, the testimony indicates that Elliott and Andrew Yale were attempting to induce Albert Yale to subscribe for such a purpose in recognition of his admiration for a grandson, Onan Yale, who is a graduate minister from the Bible college of Phillips University. Regardless of the fact that the blank subscription agreement does not refer to the furnishing of rooms, it may be assumed that the furnishing thereof was regarded as incident to their complete construction and that, therefore, the two men attempted to get Albert Yale to sign the subscription agreement. Albert Yale read the subscription agreement and immediately thereafter stated as follows: 'No. I won't sign anything. What I give, I will give out and out; I won't sign anything.' After such statement was made, Mrs Albert Yale suggested that perhaps it would be prudent to give Mr. Albert Yale time to think the matter over. As a consequence the soliciting parties left and after dinner Andrew Yale returned alone and asked his father if he wanted to go ahead with the donation for Phillips University and he said, 'I will...