Snidow v. Brotherton

Decision Date18 September 1924
Citation124 S.E. 182
PartiesSNIDOW . v. BROTHERTON.
CourtVirginia Supreme Court

Appeal from Circuit Court, Giles County.

Suit by the First National Bank of Pear-isburg against W. B. Snidow, administrator of the estate of W. H. Carter, deceased, and Haynes Brotherton, guardian of Anna Ross Brotherton, an infant, to determine title as between defendants to property in plaintiff's possession. From a judgment, the administrator appeals. Affirmed.

Martin Williams and W. B. Snidow, both of Pearisburg, for appellant.

M. P. Farrier, of Pearisburg, for appellee.

PRENTIS, J. This suit involves the ownership of certain personal estate, formerly owned by W. H. Carter, deceased, now claimed both, by his administrator and by the guardian of Anna Ross Brotherton, an infant, under an alleged gift by the decedent in expectation of death. The trial court adjudged the gift to be valid, and the administrator assigns error.

Carter, who was a laborer, having been fatally injured while at work (a tram car loaded with stone having run over him), was taken to a commissary building near by. While arrangements were being made to carry him to a hospital in Bluefield, W. Va., for treatment, he gave his trunk key to Pearman, to go up to his room, which was not far away, to get some underclothes for him. Upon his return he gave the key to Bobbitt, superintendent of the corporation bywhich Carter was employed, who In turn delivered it to Carter; but Carter immediately handed it back to Bobbitt, telling him to keep it, and in substance that, if he (Carter) died, he wanted Anna Ross Brotherton, the little daughter of Haynes Brotherton, to have everything he had; that in his trunk would be found bis bank book, Liberty bonds, receipts, papers, and other things, all of which he wished her to have, and requested Bobbitt to see that his wishes were carried into effect; all of which is corroborated by McGraw, vice president and general manager of the company. Carter died a few hours later at the hospital, to which he was carried. He had no wife, and had lived in the house with the father of the child, who was five years old, and had expressed his great affection for her. After his death it was found that he had on deposit in the savings department of the First National Bank of Pearisburg $1,372, subject to certain rules and regulations printed in the book showing such deposit; that he owned $500 United States Liberty bonds, and $240 in United States War Savings stamps. This is the specific property involved.

The bank, which also had actual possession of the bonds for safe-keeping, for which It had given Carter its receipt, instituted suit, admitting its liability for the deposit, as well as its obligation to return the bonds, and asked the court to determine whether the administrator or the guardian had title thereto.

Both the administrator and the guardian filed answers, asserting their respective claims, and the legal questions thus arising were submitted.

The answer of the guardian alleges that:

"The said W. B. Bobbitt delivered and turned over to this respondent, as such guardian, the said trunk and trunk key of the said William H. Carter in discharge of the trust imposed upon him by said Carter; that in said trunk the respondent found the savings account passbook, which had been issued to the said William H. Carter by complainant, the said First National Bank of Pearisburg, and the receipts which had been issued to him by said bank for $500 of Liberty bonds, which passbook and receipts are herewith filed as exhibits, said passbook being marked for identification Exhibit A, and said receipts, three in number, being marked Exhibits B, C and D; and this respondent also found in said trunk $240 face value, of United States War Savings certificates on three separate cards, two...

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11 cases
  • Kempski v. Hisgen (In re Antkowskis' Estates)
    • United States
    • United States Appellate Court of Illinois
    • June 29, 1936
    ...to make a gift, which is accepted by the donee. The weight of authority is to the same effect. See Annotation to Snidow v. Brotherton, 140 Va. 187, 124 S.E. 182,40 A.L.R. 1249-1263. Almost innumerable cases from different states so hold. Dellepiane v. Hynes, 83 Cal.App. 604, 257 P. 180;In r......
  • Aubrey's Adm'x v. Kent
    • United States
    • Kentucky Court of Appeals
    • November 17, 1942
    ... ... the funds. Stephenson's Adm'r v. King, 81 ... Ky. 425, 50 Am.Rep. 173; McCoy's Adm'r v ... McCoy, 126 Ky. 783, 104 S.W. 1031; Snidow v ... Brotherton, 140 Va. 187, 124 S.E. 182, 40 A.L.R. 1246; ... 24 Am. Jur., Gifts, Sec. 104; 28 C.J. 665. The regulations or ... rules printed ... ...
  • King v. Merryman
    • United States
    • Virginia Supreme Court
    • March 7, 1955
    ...distinctive elements are well settled. Thomas' Adm'r v. Lewis, 89 Va. 1, 15 S.E. 389, 37 Am.St.Rep. 848, 18 L.R.A. 170; Snidow v. Brotherton, 140 Va. 187, 124 S.E. 182. 'A gift causa mortis is a gift of personal property made by a party in the expectation of death, then imminent, and upon t......
  • Underwood v. Underwood
    • United States
    • Georgia Court of Appeals
    • July 25, 1931
    ... ... 1, 15 S.E ... 389, 18 L.R.A. 170, 37 Am.St.Rep. 848; Royston v ... McCulley (Tenn. Ch. App.) 59 S.W. 725, 52 L.R.A. 899; ... Snidow v. Brotherton, 140 Va. 187, 124 S.E. 182, 40 ... A.L.R. 1246; First National Bank v. Liberty Trust ... Co., 151 Md. 241, 134 A. 210, 47 A.L.R. 730; ... ...
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