Taylor v. Taylor, s. 88-90.

• Decision Date: 14 February 1940
• Docket Number: Nos. 88-90.,s. 88-90.
• Citation: 292 Mich. 95,290 N.W. 341
• Parties: TAYLOR v. TAYLOR (two cases). SAME v. MULAVEY.
• Court: Michigan Supreme Court

292 Mich. 95

290 N.W. 341

TAYLOR

v.TAYLOR (two cases).

SAME

v.MULAVEY.

Nos. 88-90.

Supreme Court of Michigan.

Feb. 14, 1940.

Actions by Effie Taylor, administratrix of the estate of Robert Taylor, deceased, against Norvert Taylor, and against Victor J. Taylor, and against Genevieve Mulavey, to recover amounts allegedly constituting a gift by the plaintiff's decedent to defendants of certain sums of money which were removed from safe deposit box by defendant Norvert Taylor. From decree dismissing the bills of complaint, plaintiffs appeal. The controversy was submitted on one record in the Supreme Court.

Reversed, and at option of plaintiff, case remanded for taking of further testimony and for entry of decree in accordance with opinion, or in lieu thereof decree for the plaintiff in accordance with opinion.

Appeal from Circuit Court, Wayne County in Chancery; Lester S. Moll, judge.

Argued before the Entire Bench.

Wm. Henry Gallagher, of Detroit (S. Reymont Paul, of Detroit, of counsel), for appellant.

Theron M. Hall, of Detroit, for appellees.

NORTH, Justice.

Decision in these cases turns upon whether there was a fully consummated gift by the plaintiff's decedent to the defendants of certain sums of money which were removed from a safe deposit box by defendant Norvert Taylor under the circumstances hereinafter detailed. Plaintiff, as the administratrix of the estate of Robert Taylor, deceased, in the respective bills of complaint seeks recovery on the theory that such a gift was not consummated. After hearing upon the merits the circuit judge held against plaintiff's contention and entered decree dismissing the bills of complaint. In each case plaintiff has appealed; and the controversy has been submitted on one record in this court.

On April 15th, 1938, Robert Taylor withdrew from the Ford Motor Company approximately $2,700 which he then had on deposit with the investment department of the company. During the forenoon of the same day he went to a safe deposit box in the Penobscot building in Detroit and placed in the box three envelopes each containing $896. On one of these he wrote ‘Norvert Taylor’; on another ‘Dr. V. J. Taylor care of Norvert’; and on the third ‘Genevieve Mulavey care of Norvert’. On the same day he wrote and mailed in Detroit about noon a postcard to his wife, the plaintiff administratrix herein, as follows: ‘Dear Effie: Will not be home over the week-end; going north. Bob’. So far as appears from this record, excepting a birthday card mailed to one of the defendants April 16th from Montreal, nothing further was known of the whereabouts of plaintiff's decedent until his body was found in the municipality of Contrecoe, Province of Quebec, on June 3rd, 1938. It seems to be conceded in the record that decedent committed suicide by drowning.

On Saturday, April 16th, there was received through the mail at decedent's residence his keys, the same having attached to them a tag addressed to decedent at his home theretofore occupied by himself, the administratrix, and the defendant Norvert Taylor. One of the keys was decedent's key to the safe deposit box. The defendant Norvert Taylor had rented this box and he also had a key and access to the box. Both Mrs. Effie Taylor and Norvert Taylor seemed to have had knowledge of the arrival of decedent's keys at his home and thereafter on the same day Norvert Taylor went to the safe deposit box, found therein and removed therefrom the three envelopes containing the money above mentioned. He disclosed this fact to each of the other defendants, but he testified that he retained possession of the envelopes for a week or ten days. He testified in substance that his purpose in retaining the envelopes was to enable him to return them to his father in the event of his return; and stated he would have done so if such was his father's desire, saying in this connection: ‘At that time I deemed the money was mine. * * * I felt bound to take care of my dad whether with that money or with any other money’. Later each of the defendants received and retained the contents of one of the envelopes.

While not particularly controlling of decision herein, it may be noted as part of the factual background defendants are the adult children of decedent by a former marriage, and that Effie Taylor, plaintiff administratrix, was the wife of decedent by a second marriage consummated approximately two years prior to his death. Subsequent to this marriage decedent placed the title to the home property in himself and his wife as tenants by the entirety, and he also placed his bank account jointly in both their names.

Plaintiff's contention that the money left by decedent in the safe deposit box should be held to belong to his estate is based upon the claim that a consummated gift either inter vivos or causa mortis was not established in that the record discloses decedent did not part with control of the subject matter of the gift or make effective delivery thereof, either actual or constructive, to the donees. Under the record before us appellant's contention must be sustained.

By placing the money in marked envelopes in the safe deposit box to which both decedent and his son Norvert had access, the former did not put the money beyond his control; and hence there was an absence of such delivery as is essential to the consummation of a valid gift. The only other pertinent act on the part of Robert Taylor was the mailing of his own keys (including his key to the safe deposit box) to himself at his own home. But in doing that he did not effect a constructive or symbolic delivery of the alleged gifts. Had he returned he would have been entitled to his keys and the right to have the money left by him in the safe deposit box. His suicidal death which was discovered weeks later does not alter the legal aspect of the case. Nor does the fact that in the meantime the son who had access to the safe deposit box had removed...