Varvaris v. Varvaris, No. 51139

• Court: United States State Supreme Court of Iowa
• Writing for the Court: MOORE
• Citation: 255 Iowa 800,100 A.L.R.2d 1215,124 N.W.2d 163
• Docket Number: No. 51139
• Decision Date: 15 October 1963
• Parties: , 100 A.L.R.2d 1215 Alex VARVARIS, Eexecutor of the Estate of Steve Christ Varvaris, Deceased, Appellee, v. Lois VARVARIS, Appellant.

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124 N.W.2d 163 255 Iowa 800, 100 A.L.R.2d 1215 Alex VARVARIS, Eexecutor of the Estate of Steve Christ Varvaris, Deceased, Appellee,
v.
Lois VARVARIS, Appellant. No. 51139. Supreme Court of Iowa. Oct. 15, 1963.

[255 Iowa 801] Francis J. Pruss, Cedar Rapids, for appellant.

Lynch, Dallas, Smith & Harman and Thos. L. Woods, Cedar Rapids, for appellee.

MOORE, Justice.

This is a replevin action by executor of the estate of Steve Christ Varvaris, deceased, against the surviving spouse for possession

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of two automobiles and the title certificates thereto. The certificates show title of both vehicles in decedent at time of his death. Defendant claims a right to them by virtue of a gift inter vivos. At the close of the evidence the trial court overruled defendant's motion for a directed verdict, sustained such a motion by plaintiff and entered judgment for plaintiff. Defendant has appealed.

Defendant asserts the court erred in (1) overruling her motion for directed verdict, (2) sustaining plaintiff's motion, (3) limiting cross-examination of plaintiff and (4) limiting evidence by defendant as to possession of the two automobiles and the certificates.

Plaintiff's petition alleges decedent at the time of his death was the owner of a 1960 Buick, bearing model No. 4419, and certificate of title thereto bearing No. 57-223368, and a 1950 Buick, model No. 41D and certificate of title thereto bearing No. 57-154153; the value of said property is approximately $4000; [255 Iowa 802] defendant wrongfully detains possession from plaintiff; it was not taken from him by any order of a court and the cause of retention of said property is that defendant claims the same by virtuae of a gift from decedent during his lifetime. Defendant's answer admits she claims the two vehicles by virtue of a gift from decedent during his lifetime. It admits the property was not taken by any court order and denies all other allegations of plaintiff.

The evidence is that after more than a month's hospitalization Steve Christ Varvaris died September 6, 1961. He was defendant's husband and had been a partner with his brother Alex in The Hub restaurant in Cedar Rapids for several years. Executor's letters were issued by Linn County district court to Alex as executor of Steve's estate. Defendant for some time prior to and at the time of her husband's death had possession of both Buicks and the keys thereto. About the time he was appointed executor, Alex opened the restaurant partnership safe and voluntarily handed the two title certificates to defendant. She retained them until the trial when they were introduced and received as plaintiff's exhibits 1 and 2. Each certificate, as described in plaintiff's petition, shows decedent as owner of the described vehicles. No assignment appears on either certificate. The Linn County treasurer's records show decedent as owner.

On cross-examination of plaintiff, defendant's counsel sought to establish the conversation between plaintiff and defendant when the certificates were handed to her and also plaintiff's reasons for doing so. The court sustained objections to these inquiries. Likewise the court sustained objections to defendant's offer to prove decedent 'had told her in the hospital that she was to have the cars; that she was to get the titles from the safe at The Hub restaurant...