Stines v. Carton

• Citation: 129 A. 251
• Decision Date: 18 May 1925
• Docket Number: No. 10.,10.
• Parties: STINES v. CARTON. Appeal of WHITE.
• Court: New Jersey Supreme Court

129 A. 251

STINES

v. CARTON.

Appeal of WHITE.

No. 10.

Court of Errors and Appeals of New Jersey.

May 18, 1925.

Appeal from Court of Chancery.

Interpleader suit by Ferdinand Stines against James D. Carton, executor of Charles O'Malley, deceased, and William B. White. Decree for first-named defendant, and last-named defendant appeals. Affirmed.

The following is the opinion of Foster, V. C, in the court below:

This is an interpleader suit, and the controversy arises over a fund of $8,000, which the decedent, Charles O'Malley, intrusted to the care of complainant. The money has been paid into court, less the amount of Mr. O'Malley's funeral expenses, which was paid by complainant therefrom, with the consent of both defendants.

The facts established at the hearing are that Mr. O'Malley, who conducted an hotel near Belmar, in Monmouth county, some time in 1920 or 1921 gave complainant $1,000 in cash to keep for him, and some time in 1922 decedent gave to complainant the further sum of $7,000 in cash to keep for him.

In the spring and summer of 1922, O'Malley was drinking very heavily and, according to complainant, was almost continuously under the influence of intoxicating liquors, and was quite ill at times, and after June 15th he was seriously ill.

On June 30, 1922, he was intoxicated and had received a draft of his will, and before executing it he told complainant and the defendant White that the priest and others could not wait until he was dead to get his money. He executed the will that night, however; Mr. J White and his wife acting as the witnesses, at the request of O'Malley and Father McConnell. This will was duly admitted to probate, and by its terms after the payment of his debts and funeral expenses, decedent gave to Rev. William J. McConnell, rector of the Church of St. Rose, Belmar, N. J., $3,000 for certain specified purposes, to Father McConnell personally he gave $5,000, and the residue of the estate was given to the Church of St. Rose for the use of the parish school. Mr. Carton was appointed the executor, and has duly qualified.

On, July 1st, the day following the making of the will, O'Malley, while still intoxicated, had the defendant White, in the presence of Stines, write on a blank bank check the following: "July 1st, 1922. I will turn over to W. B. White, $8,000 eight thousand after Charles B. O'Malley's death dollars";, and O'Malley had complainant sign this, and it was then delivered to White.

After the execution of this paper, complainant, as he states, for his own protection had prepared and had O'Malley sign a paper reading as follows:

"Belmar, N. J., July 1, 1922.

"I, Charles O'Malley, do hereby request Ferdinand Stines to pay to W. B. White upon the event of my death, the sum of eight thousand dollars ($8,000) belonging to me and now in the possession of Stines.

"[Signed] Charles O'Malley.

"In the presence of"

After the execution of these papers on July 1st, O'Malley returned with White to the latter's home in South River, where he had spent the previous night after executing his will, and on July 3d, while White and O'Malley were driving from South River to Belmar they met Leo J. Coakley, a lawyer of this state, to whom White introduced O'Malley, and the latter told Coakley of the paper Stines had signed on July 1st, and he requested Coakley to prepare a paper for O'Malley to sign and which was to be held by White; this paper was then prepared by Coakley and later on that day it was signed by O'Malley in the presence of two witnesses. This paper reads as follows:

"July 3, 1922.

"Whereas, I am indebted to William B. White of South river for many favors done me and I have coming to me from the Belmar Building Loan the sum of eight thousand dollars, now therefore for the consideration of the sum of one dollar and other good and valuable consideration I hereby assign and transfer unto William B. White the said sum of eight thousand dollars, transfer to take place upon my death.

"The said sum is now in name of Fred Stines.

"Charles O'Malley.

"Witnessed by "Edward Cost. "Felix Arnould."

After this paper was executed O'Malley gave it to White. O'Malley was so ill at this time that he was taken to the hospital almost immediately after signing this paper, and he remained in the hospital until July 10th, when he returned to his hotel at Belmar.

After he returned to Belmar, O'Malley had many conversations with complainant about his money. He could not recall anything about the two papers that had been executed on July 1st, and he did not tell Stines of the paper he had signed on July 3d. He frequently demanded his money from Stines, and Stines refused to give it to him, until he returned to Stines the paper Stines had signed on July 1st, and which O'Malley had given to White. O'Malley repeatedly told Stines he would get this paper...