Parcher v. Saco & Biddeford Sav. Bank.

• Decision Date: 10 December 1886
• Parties: PARCHER, Adm'r, v. SACO & BIDDEFORD SAVINGS BANK.
• Court: Maine Supreme Court

7 A. 266

78 Me. 470

PARCHER, Adm'r,

v. SACO & BIDDEFORD SAVINGS BANK.¹

Supreme Judicial Court of Maine.

December 10, 1886.

On report from supreme judicial court, York county.

Assumpsit brought by an administrator to recover money deposited in the defendant bank by his intestate.

H. Fairfield, for plaintiff.

E. P. Burnham, for defendant.

EMERY, J. The money sued for unquestionably belonged to the plaintiff's intestate in his life-time. He earned the money, and it was deposited in the defendant bank as his money, and for his benefit. It would pass, upon his death, to his administrator, if he did not effectually dispose of it in his life-time. It is not claimed that he made any gift inter vivos, but it is claimed that, by causing to be made upon the bank ledger the entry, "Payable, also, to Mrs. Leavitt in case of death of H. Peters," he made an effectual gift causa mortis. Such gifts are not to be favored, as they conflict with the general policy of the law relating to the disposition of the estates of deceased persons. To be valid, and take the property out of the general law of administration of estates, the gift must be made during some iliness or peril of the donor, and in contemplation and expectation of death from that illness or peril, and death must also ensue therefrom. Weston v. Hight, 17 Me. 287; Qrymes v. Hone, 49 N. Y. 17. This case does not disclose such circumstances, and the attempted gift was therefore ineffectual. The money belongs to the administrator.

Defendant defaulted; damages to be assessed by the court at nisi prius. Peters, C. J., Walton, Virgin, Libbey, and Haskell, JJ., concurred.

1 Reported by Leslie C. Cornish, Esq., of the Augusta bar.