Meriden Trust & Safe Deposit Co. v. Miller

• Decision Date: 16 April 1914
• Citation: 90 A. 228,88 Conn. 157
• Court: Connecticut Supreme Court
• Parties: MERIDEN TRUST & SAFE DEPOSIT CO. et al. v. MILLER et al.

90 A. 228

88 Conn. 157

MERIDEN TRUST & SAFE DEPOSIT CO. et al.

v. MILLER et al.

Supreme Court of Errors of Connecticut.

April 16, 1914.

Appeal from Superior Court, New Haven County; Howard J. Curtis, Judge.

Action by the Meriden Trust & Safe Deposit Company and others against I. Burton Miller and others. Judgment for two of the defendants, and the plaintiffs and another defendant appeal. Affirmed.

The finding of facts recites: The plaintiffs are the administrators of Hezekiah H. Miller, who died October 22, 1911, leaving three children, the defendants, I. Burton Miller, Charles B. Miller, and Mrs. Nettie M. Kirschner, who were his only heirs at law. Mrs. Miller, the mother of these three children, died October 18, 1905, leaving legacies of $500 to her sons, I. Burton and Charles B., and the residue of her estate, $13,213.72, to her daughter, Mrs. Kirschner. Shortly after the death of their mother, Mr. Miller told each of his sons that he was not satisfied with the division of their mother's estate, and purposed giving to each son a sufficient amount to equalize their legacies with that of Mrs. Kirschner under their mother's will. In pursuance of this purpose he deposited with eight different savings banks various sums to the credit of each son. Many of these accounts were opened by a transfer of deposits standing in the name of Mr. Miller to the name of these sons. At the time of making each deposit to the account of each son, he notified him that he had made the same as a gift, and also told each son that he had made, or was making, a similar deposit for the benefit of the other son. At these times he procured from his sons for each of said banks which did not have them, their signatures upon slips or cards furnished by the banks, and then returned them to the banks. At these times he also stated that he desired to possess the power to use a part of the moneys so deposited if he should desire to do so. In order to give their father such power, the sons signed blank orders upon each of the accounts, which the father accepted. Mr. Miller only used four of these orders, aggregating $800. At Mr. Miller's death all of these orders were in his safe deposit box, with the bank books, which he had always kept. To this box I. Burton Miller, as deputy to his father, had a right of access. Shortly before his death, and after making the last of the deposits, he told each of his sons the approximate total, given him by these deposits, stating that he had made a similar gift to the other. Each son made demand upon the plaintiff company as administrator for the deposit books standing in his name. In making these deposits Mr. Miller intended to make a present gift to his sons of the deposits in their names, and to make them the absolute owners thereof, and to divest himself of all control over said moneys, and then to rely upon the gratitude of the sons to give him the right to exercise their dominion over the moneys for his own benefit to such extent as he might desire.

Harrison Hewitt and Livingston W. Cleaveland, both of New Haven, and Charles E. Clark, of Woodbridge, for appellant Kirschner. George A. Clark, of Meriden, for other appellants. Charles Welles Gross, of Hartford, for appellees I. Burton Miller and Charles B. Miller.

WHEELER, J. (after stating the facts as above). This action is brought by the plaintiffs as administrators of H. H. Miller against eight savings banks and three children of said H. H. Miller, to determine the ownership of such deposits. The plaintiffs pray judgment that the deposits belong to them, and that two of the children, Charles B. Miller and I. Burton Miller, be required to set forth their respective claims to the deposits. One of the defendants and children, Mrs. Kirschner answers, praying judgment that the plaintiffs have title to said deposits. Two of the defendants and children, Charles B. Miller and I. Burton Miller, answer, setting forth certain facts upon which each bases his title to the books standing in his name, and so prays judgment. All of the other defendants, except two of the banks, made default of appearance. These two did not, and do not, press any claim to the deposits in their banks. After hearing had, an interlocutory judgment was entered by the superior court, adjudging that Charles B. Miller and I. Burton Miller interplead with plaintiffs and defendant, Mrs. Kirschner. Thereupon Charles B. and I. Burton Miller and Mrs. Kirschner stipulated that the pleadings heretofore filed "shall constitute the statement of their respective claims provided for by the interlocutory judgment of interpleader." Trial was had, and judgment rendered that the deposits on the books standing in the name of I. Burton Miller and Charles B. Miller were owned by them. From this judgment the plaintiffs, administrators, and Mrs. Kirschner have taken this appeal.

This is not an action of interpleader, nor is it properly brought under General Statutes, § 1019, since it is brought to determine the title to eight deposits in eight different stakeholder banks, in a single action brought by one of the claimants to these different deposits....