Stiness v. Brennan

• Decision Date: 27 March 1931
• Docket Number: No. 990.,990.
• Citation: 154 A. 122
• Parties: STINESS v. BRENNAN et al.
• Court: Rhode Island Supreme Court

154 A. 122

STINESS

v. BRENNAN et al.

No. 990.

Supreme Court of Rhode Island.

March 27, 1931.

Appeal from Superior Court, Providence and Bristol Counties; Edward W. Blodgett, Presiding Justice.

Suit by Edward C. Stiness, administrator c. t. a. of the estate of Susan Murtagh, against Anne Brennan and another. Prom a decree dismissing the bill, complainant appeals.

Appeal sustained, and decree reversed.

Francis J. O'Brien, of Providence, for complainant.

Arthur L. Conaty and Alfred H. O. Boudreau, both of Providence, for respondent Brennan.

RATHBUN, J.

This bill in equity, involving title to a savings bank book and the account represented thereby, was heard below upon bill, answer, and proof. The trial court found that respondent Brennan had obtained title by gift to said book and account; and a decree was entered dismissing the bill. The cause is here on complainant's appeal from said decree.

The complainant is administrator c. t. a. of the estate of Susan Murtagh, in whose name the account stands. On October 16, 1925, Miss Murtagh, being about to go to Ireland, left said book with her niece, respondent Brennan. On the second day thereafter she sailed for Ireland, where she deceased March 18, 1929, leaving a will by which the account in question was specifically bequeathed.

The question is whether the book was merely left in the custody of said Brennan or whether the book and account were given to her as a gift inter vivos. Said respondent in her answer alleged a gift to herself. Having set up a gift as the reason for not delivering up the book, the burden was upon her to prove the gift by satisfactory evidence. Colangelo v. Colangelo, 46 R. I. 139, 125 A. 285; Eastman v. Dunn, 34 R. I. at page 452, 83 A. 1057.

At the time of the alleged gift Miss Murtagh was about sixty years of age. Since her arrival in this country, when she was a young woman, she had been employed as a domestic servant. She had accumulated about $11,000, which sum was the total of three savings bank accounts standing in her name. The principal of the account in question was $3,000.

The only evidence tending to establish a gift was the testimony of respondent Brennan. She testified as follows: "The conversation was she gave it to me as a gift, it was to be mine for my kindness to her. She said she had always made her home with me and spent her best days there. She wanted me to understand she was giving it to me as a gift and if she ever needed the money, I could give it to her." Said respondent further testified that there was some talk about changing the book to her name. The account was never transferred to the name of said respondent. Twice during her stay in Ireland deceased sent a written order for money and obtained all interest which had accrued. The orders were presented to the bank by said respondent's daughter. The space for the amount was left blank in the signed orders and some one filled in the exact amount of the accrued interest.

Said respondent testified that the orders for money were sent to her. Miss Diffley, who lived with deceased in Ireland, testified that she read one of the letters containing an order for money and that: "My aunt wrote to Mary...