Slepkow v. Robinson
| Decision Date | 02 August 1974 |
| Docket Number | No. 73-105-A,73-105-A |
| Citation | 324 A.2d 321,113 R.I. 550 |
| Parties | Frank W. SLEPKOW, Executor v. June L. ROBINSON et al. |
| Court | Rhode Island Supreme Court |
This is a civil action to determine ownership of a certain joint bank account in the Citizens Savings Bank which carries the designation, 'Katherine M. White or June L. Farland, 9 East Knowlton St., Riverside, R.I. 02915, Payable to either or the survivor.' The defendant, June L. Robinson, is the former June L. Farland.
The case was tried to a Superior Court justice, sitting without a jury, who rendered a decision and entered a subsequent judgment wherein in Citizens Savings Bank was ordered to make payment of the joint bank account to defendant, June L. Robinson. The case is before us on plaintiff's appeal from that judgment.
The record discloses that Katheryn M. White, alias Katherine M. White, sometimes hereinafter referred to as Katherine White, was formerly married to Charles Alan Farland, and that of the marriage three children were born, one of whom is defendant, June L. Robinson. Katherine later married Daniel A. White. This marriage produced no children, but Kathleen White, a nominal defendant, was raised from birth by the Whites, who considered and referred to her as their daughter, although there is no record of an official adoption. Kathleen White, now Kathleen Plante, is the beneficiary of a trust under the terms of the will of Katherine White, who died testate March 2, 1970.
In 1956, Daniel and Katherine White executed wills which specifically excluded the Farland children. In 1966, after the death of Daniel, Katherine White executed a new will in which plaintiff, a member of the Rhode Island Bar, was nominated as executor and Kathleen White was designated as sole beneficiary. Under this will the Farland children were specificially excluded. Upon the death of Katherine White, a metal box was found containing, among other items, bankbooks for several joint bank accounts in the name of Katherine White and Kathleen White, and one joint bank account, Citizens Savings Bank No. 09-3983, the account in dispute, in the name of Katherine M. White or June L. Farland. It further appears that the latter account was originally opened on February 18, 1966, as a trust account in the name of Katherine M. White in trust for June L. Farland. On November 14, 1968, the trust account was changed to a joint account in the name of Katherine M. White or June L. Farland and payable to either or the survivor and so remained until the death of Katherine White on March 2, 1970, and so remains pending determination of the instant appeal.
The plaintiff, executor under the will of Katherine White, testified that he drew wills for Daniel and Katherine White and that in 1966, after the death of Kaniel, he drew the will of Katherine in which he was nominated as executor and which was probated after the death of Katherine. He related that he had knowledge of and discussed the joint bank accounts with Katherine White during her lifetime and had advised her that it would be necessary for the donee of the gift to have possession of the bankbook in order to receive title to the joint account. Mr. Slepkow further testified that Katherine White advised him that she had added the names to the joint accounts in order that June and Kathleen would be able to go to the bank to transact business for her as she was not feeling well. The plaintiff stated that Katherine White advised him that all the bankbooks, bonds, and her will were in the metal box which would be brought to him if anything happened to her. The box was, in fact, delivered to plaintiff by Kathleen Plante shortly after Katherine White's demise. The plaintiff also testified that Katherine White had included the interest received from the joint bank accounts as income on her federal income tax returns.
Kathleen Plante testified that she lived with Katherine White, whom she referred to as her mother, until her marriage in 1967. Kathleen stated that her mother had placed her name on several bank accounts to enable her to withdraw sums for her mother, which she did from time to time upon her mother's direction. Kathleen related that her mother told her that June's name was on a bankbook and that she knew that June had made withdrawals from the account. Kathleen further testified that the bankbooks were in a metal box for which Katherine White retained the only key. She stated that whenever June had possession of the bankbook that she obtained it from her mother. Kathleen related that June visited her mother three or four times weekly from May 1967, and that they seemed to enjoy a close relationship.
June L. Robinson, defendant, testified that her mother told her that she wanted to leave her $10,000 in order to care for June in her later years, that she had a bank account for her in that amount, and that in 1967 her mother gave her the bankbook with a balance of $10,000, saying that it was money for her when she got older. June stated that she kept the bankbook for about a month and then gave it to her mother to hold for safekeeping. June stated that at various times she would take the book to the bank to make deposits and withdrawals and then return it to her mother, who kept it at all times in the metal box. The defendant stated that she did not regard the withdrawals she made from the account as loans, because the money belonged to her. June related that she knew that her mother deeded the house to Kathleen in 1965, and that her mother had told her about the other bankbooks. She stated that she had a close relationship with her mother, visited her often and spent weekends with her. She testified that she knew about the metal box, but never had a key to it or went inside the box.
It is well settled that in order to succeed in establishing an absolute inter vivos gift of a bank account,...
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