Wade v. Edwards

Decision Date23 April 1919
Docket Number(No. 10005.)
Citation99 S.E. 160,23 Ga.App. 677
PartiesWADE v. EDWARDS.
CourtGeorgia Court of Appeals

(Syllabus by the Court.)

Under section 6204 of the Civil Code of 1910 and repeated rulings of the Supreme Court and of this court, the first grant of a new trial will not be disturbed by the reviewing court, unless the plaintiff in error shows that the judge abused his discretion in granting it, and the law and the facts required the verdict notwithstanding the judgment of the trial judge. The law and the facts in this case do not demand the verdict rendered, and the judge did not abuse his discretion in the first grant of a new trial.

(a) The delivery to a donee of a deposit book issued by a savings bank, containing entries of deposits to the credit of the donor, with the intention to give the donee the deposits represented by the book, accompanied with appropriate words of gift, amounts to a sufficient delivery on the part of the donor to constitute a valid gift of such deposits without an assignment or transfer in writing—the questions of fact being of course for the jury.

(Additional Syllabus by Editorial Staff.)

[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Passbook.]

Error from Superior Court, Chatham County; P. W. Meldrim, Judge.

Suit by Julia Edwards against W. H. Wade, administrator of the estate of Isaac Waters deceased. Verdict for defendant and motion for new trial granted, and defendant brings error. Affirmed.

Osborne, Lawrence & Abrahams and Shelby Myrick, all of Savannah, for plaintiff in error.

Geo. W. Owens, of Savannah, for defendant in error.

WADE, C. J. Julia Edwards brought suit against W. H. Wade, administrator of the estate of Isaac Waters. Her petition alleged that Wade administered on the estate of Waters at her request, and that "Isaac Waters during his last illness, on or about the 2d day of November, 1916, delivered to your petitioner, she being his sister, his bank book on the Florida National Bank of Jacksonville, Fla., in the savings department of said bank and told her that he wanted her to have the deposit which was to his credit in said bank, and gave to your petitioners said bank book, and made her a present of the deposit which was in said bank;" that "Isaac Waters made said gift to your petitioner in consideration of services she had previously rendered to him, and was then rendering to him, in his last illness." She further alleged that Waters died on November 5, 1916, three days after the alleged gift, at which time there was on deposit in said Florida bank to his credit the sum of $1,448.31, and that after the payment by Wade, as administrator, of all debts of the deceased, there remained in his hands the sum of $1,341.30, he having collected all of the money from the bank, as administrator; and that she was entitled to the $1,341.30 "by virtue of the said gift of said bank book and said deposit by said decedent."

The administrator filed an answer admitting all the facts set up in the petition except the allegations that the bank book and the deposit had been given to the plaintiff by the decedent Waters, and that the money thus belonged to the plaintiff. These allegations were expressly denied, and the answer set up in addition that the decedent had made no disposition of his bank book or of the funds in bank prior to his death, and that the money in the hand of the defendant belonged to the four children of the decedent.

On the trial of the case there was evidence adduced to substantiate the plaintiff's contention that the decedent had given to her the bank book and the money represented thereby for and in consideration of several weeks' nursing and attention. Lee Slocum, in behalf of the plaintiff, testified:

"I was there on the morning of November 2, 1916, sitting in the room when he (the decedent) handed to Julia Edwards (the plaintiff) a bank book, and said: 'Julia, I want you to have this money; that is something for you. I want you to have this for what you have did and are doing for me.' He handed the book to her."

Phoebe Lawrence testified for the plaintiff as follows:

"I was present when Waters gave Julia Edwards a bank book, and know what he said to her. He said: 'Julia, here is this; take it for yourself for what you have done now and for all time; take this.' 1 looked, and he gave it to her, and she took the bank book. The book was handed to Julia Edwards in my presence. * * * I know it was a bank book. I saw the letters on the book."

The evidence introduced in behalf of the defendant tended to dispute the plaintiff's evidence that the decedent had made her a gift of the book and the money. Laura B. Fleming testified for the defendant as follows:

"I went to see my brother (the decedent), and as I got in the door, almost to the kitchen where he was lying, I heard him say 'Is that my sister Laura now.' I said, 'Yes; here I am. What can I do for you?' He said: 'I want to see my little children, where is my children?'—in that dazed way. I said: 'I don't know.' I said: 'What else do you want me to do? Do you want some milk?' He said: 'No; I owe some little milk bill, ice bill, and doctor's bill. I want you to pay them. I have got some money. See that my children get it, will you?* I said: 'Yes; I will.' * * * My sister was sitting on her back stoop. I don't know whether she could hear what was said or not."

Julia Edwards testified that this conversation which the witness Fleming relates as having taken place between her and the deceased did not occur. The following receipt, introduced in evidence, shows conclusively that the gift in question (evidenced by the bank book delivered to the plaintiff) was money deposited in the savings department of the Florida National Bank:

"Savannah, Ga., January 25, 1918. Received from Geo. W. Owens, atty. at law, one bank book on Florida Nat. Bank (Savings Dpt.) showing deposit of $1,448.31. I have applied for letters of adm. on estate of Isaac Waters, in whose name book stands. Also rec. bill of Royall Undertakers. Administration to be applied for by me at Feby. term of court. [Signed] W. H. Wade, Co. Adm."

On the issue thus raised the jury found in favor of the defendant. The...

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4 cases
  • Leonas v. Johnson
    • United States
    • Georgia Court of Appeals
    • July 15, 1970
    ...Adm. v. Culpepper, 18 Ga.App. 182, 89 S.E. 161; Moore v. Citizens' Bank of Ashburn, 21 Ga.App. 183, 94 S.E. 90; Wade, Adm. v. Edwards, 23 Ga.App. 677, 99 S.E. 160; First National Bank of Thomasville v. Sanders, 31 Ga.App. 789(3), 122 S.E. 3. We have held many times that under the Civil Prac......
  • Swann v. Morris
    • United States
    • Georgia Supreme Court
    • July 9, 1956
    ...although under the terms of the instrument the bank bound itself to make payment only to the registered holder thereof. In Wade v. Edwards, 23 Ga.App. 677, 99 S.E. 160, it was held that a deposit book issued by a savings bank, where delivered with appropriate words of gift by the depositor,......
  • Wade v. Edwards
    • United States
    • Georgia Court of Appeals
    • April 23, 1919
  • Beard v. Stephens, 43354
    • United States
    • Georgia Court of Appeals
    • January 23, 1968
    ...or assignment.' Underwood v. Underwood, 43 Ga.App. 643(3), 159 S.E. 725; Swann v. Morris, 212 Ga. 460, 93 S.E.2d 673; Wade v. Edwards, 23 Ga.App. 677, 99 S.E. 160. 'To constitute a valid gift, there must be the intention to give by the donor, acceptance by the donee, and delivery of the art......

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