Maier v. Hill, 39238
| Citation | 221 Miss. 120,72 So.2d 209 |
| Decision Date | 10 May 1954 |
| Docket Number | No. 39238,39238 |
| Parties | MAIER v. HILL. |
| Court | United States State Supreme Court of Mississippi |
Laub, Adams, Forman & Truly, C. F. Patterson, Natchez, for appellant.
Joseph E. Brown, Robert A. Bonds, Berger & Callon, Natchez, for appellee.
This case involves the question of whether the trial court erred in holding on the undisputed facts that there was not a gift inter vivos of nine promissory notes. We think that a gift was completed.
V. V. Hill, a Negro woman, brought this suit in the Chancery Court of Adams County against Christian T. Maier, administrator of the estate of Gustave Frederick Maier, deceased, who died on June 14, 1950, and who will be referred to hereafter as Fritz Maier. All of the parties and the witnesses in this suit are of the white race, except Hill and Lewis. The bill charged that on June 12, 1950, two days before his death, Fritz Maier made a gift inter vivos to complainant Hill of nine promissory notes in the amount of $1,000 each, which were payable to Fritz Maier or his order and which were executed by Mr. and Mrs. John J. Cox. The bill further charged that Hill had for several years performed many valuable services for Fritz Maier. The answer of the administrator denied that a gift had been made. Considerable testimony was offered. The chancery court found that although Fritz Maier had delivered actual possession of the notes to Hill, the evidence did not demonstrate that this was done with the intention to complete a gift of them; but that Fritz Maier had lived in the home of Hill for 30 months, and that there was an implied agreement that in return for her giving him board and lodging and taking such care of him, he would compensate her for services. Hence the Court, although denying a gift, allowed Hill $2,250 as a quantum meruit recovery for her services. From that decree the administrator took a direct appeal, and asserts that the chancellor erred in allowing Hill a recovery on an implied contract. Hill took a cross-appeal, and argues that the chancellor was mainfestly wrong in holding that Fritz Maier did not make a gift of the notes to her. We think the overwhelming and undisputed evidence reflects that the gift was made. So we do not reach or consider the issue raised on the direct appeal.
Fritz Maier, the deceased, came to this country when he was 14 years of age. At the time of his death on June 14, 1950, he was about 70 years of age. For some time prior to 1945 he had lived with a Negro woman named Ella Ford. She died in 1945. Some time in 1948 Fritz began living in the home of V. V. Hill, the cross-appellant. The record does not indicate any meretricious relationship between them. Both he and she were elderly and of about the same ages. Hill owned a comfortable home in the small Fenwick community about 11 miles from Natchez. Fritz was in bad health and rather feeble but not bedridden. The evidence shows that Hill was good to him and cared for him in the various ways necessary for looking after a person in his condition, and that she is a person of good reputation in her community. Fritz apparently had no money, although he did own some property hereafter referred to. Hill paid for the groceries and other expenses of operation of the household. Fritz told several of his friends on numerous occasions that he had begun living with Hill because he needed someone to look after him, and that she had given him good treatment; that his family, consisting of his brother, the administrator here, and some nephews, never visited him, never saw him, and would not let him live with them; and that Hill took care of him when he had no other place to go, he was 'living off of V. V.'s charity', and when he died he wanted her to have his estate.
On June 12, 1950, two days before his death, Fritz Maier got a neighbor, W. F. Gordon, to drive him to town in order that he could sell some land which he owned. He sold it to Mr. and Mrs. John J. Cox, and they paid him $1,000 in cash and gave him nine promissory notes of $1,000 each payable to him or order. When Fritz got back in the car with Gordon to return home, he told Gordon that the notes were in the envelope which he had with him. They returned to Hill's house, and when they arrived, in addition to Hill and Fritz, there were present Mrs. W. F. Gordon and Mrs. Johnnie Perkins. These two women and W. F. Gordon all testified unequivocally that when Fritz Maier came in the house he made an inter vivos gift of the...
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