Moses v. Wilkinson, 2799
| Decision Date | 21 January 1960 |
| Docket Number | No. 2799,2799 |
| Parties | Israel MOSES, Adm'r, v. Clara WILKINSON. Equity |
| Court | Rhode Island Supreme Court |
Israel Moses, Warwick, for complainant.
Edwards & Angell, James K. Edwards, Providence, for respondent.
This bill in equity was brought by the administrator of the estate of Margaret Best, late of the town of North Providence, deceased. The bill prays that the respondent be declared a trustee of certain funds for the benefit of said estate and for other relief. After a hearing in the superior court on bill, answer and proof, a final decree was entered denying and dismissing the bill of complaint. The cause is before us on the complainant's appeal from such decree.
The pertinent allegations in the bill are that on the day of her death decedent had two separate bank accounts standing in the names of decedent and respondent jointly, payable to either or the survivor; that she was ill at the time she caused respondent's name to be added to the accounts; that respondent's name had been added for the convenience of decedent; that she never intended to give respondent any of the moneys and never relinquished her ownership thereof; that none of such moneys ever belonged to respondent; and that they belonged to decedent during her lifetime and to her estate after her decease.
The respondent in her answer denied that her name had been added to the accounts for the convenience of decedent. She alleged that during her lifetime decedent divested herself of exclusive ownership and control over the moneys in the two bank accounts and vested such ownership and control jointly in herself and respondent and that, accordingly, upon decedent's death she became the sole owner of the moneys.
At the time of her death on November 7, 1957 decedent was about seventy-one years of age and left neither husband nor children surviving. She had stopped working two or three years previous to her decease, lived alone, and was receiving a pension. Her heirs and next of kin included two sisters, Mrs. Anna McKay and Mrs. Alice Jordan, and three nieces who were the foster children of Mrs. Jordan. The respondent Clara Wilkinson is one of Mrs. Jordan's foster children.
It is admitted that decedent and another sister Mrs. Florrie Boucher, who predeceased her in July 1957, were very friendly and close to each other. In fact the two accounts involved in this case stood in their names jointly prior to Mrs. Boucher's death. In July 1957 Mrs. Boucher, a widow, became ill and moved into decedent's apartment where she died about two weeks later. It appears in evidence that shortly after Mrs. Boucher's death Mrs. Jordan, Mrs. McKay and her husband went to the apartment; that they demanded an accounting of Mrs. Boucher's property; that a quarrel ensued between decedent and her two sisters; and that she ordered them to leave. The respondent's name was added to the bank accounts in August 1957 after the occurrence of this incident. The decedent was ill at the time and thereafter, on October 16, 1957, she was admitted to a hospital where she died on November 7, 1957.
Mrs. McKay and Mrs. Jordan, complainant's principal witnesses, testified that they visited decedent about a week after Mrs. Boucher's death; that decedent was very sick at that time; that Mrs. Jordan suggested to her that respondent's name be put on decedent's bankbooks for the sole purpose of taking care of her affairs; that decedent knew she had an incurable disease; that in October 1957 she went to the hospital; and that while there she told them she had added respondent's name to the bankbooks. They also testified that decedent told them she wanted her money used to pay her expenses in a convalescent home and that if she died she wanted the money divided equally between Mrs. Jordan and Mrs. McKay.
The respondent denied that decedent had added her name to the accounts for convenience. She testified in substance that about a week after Mrs. Boucher's death decedent told her she wanted to put respondent's name on the bankbooks; that she did not want Mrs. McKay or Mrs. Jordan to have any of her property; and that she knew respondent would take care of her. She stated that decedent said to her, 'I want you to have what I have, I don't want them to have anything of mine * * * I know Claire that you will take care of me.' The respondent then described how and when decedent delivered possession of the two bankbooks to her. She testified that she retained possession of both bankbooks from the time they were delivered to her by decedent until the latter's death. She also stated that prior to decedent's death she made two withdrawals of money from such accounts to pay her hospital bills.
Thomas Parker and his wife Elizabeth testified on behalf of respondent. They stated in substance that they had lived for fifteen years in an apartment adjoining that of decedent; that they were friendly with her and respondent; and that they were not related to either. The substance of their testimony was favorable to respondent and corroborated her version of what happened.
Elizabeth Parker testified that she saw decedent every day; that on the night of the quarrel between decedent and her two sisters the decedent had a spell which she attributed to the visit from her sisters; that soon thereafter decedent told her she was putting her money where she wanted it to go; that she was adding respondent's name to the bankbooks; that she did not want her sisters to have any of her money; and that she wanted respondent to have it. She also testified that decedent told her, 'I have given my money to my niece to do what she likes, no strings attached'; and that after her bills were paid the money was to go to respondent.
Edith Smith testified that she had known decedent since 1928; that she had worked with her; that decedent had told her repeatedly that she did not like Mrs. McKay and Mrs. Jordan and their way of life; that when she visited decedent in August 1957 she told her about the quarrel with her sisters and that she had ordered them out of her apartment; and that she also told her she did not want her two sisters to have any of her hard-earned money. The witness also stated that she had never met respondent until decedent's death.
The trial justice found that respondent's name was voluntarily added to the accounts by decedent; that it did not appear to him that convenience had any influence in causing decedent to do what she did; that she was fond of respondent; and that there was no inconsistency in making a gift to her and expecting in return that respond...
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