Weber v. Hark Ins

• Decision Date: 23 May 1940
• Docket Number: No. 1467.,1467.
• Citation: 13 A.2d 380
• Parties: WEBER v. HARK INS et al.
• Court: Rhode Island Supreme Court

13 A.2d 380

WEBER

v. HARK INS et al.

No. 1467.

Supreme Court of Rhode Island.

May 23, 1940.

Appeal from Superior Court, Providence and Bristol Counties; Charles A. Walsh, Judge.

Suit by Tony A. Weber, individually and as administrator of the estate of Margaret W. Schiller, deceased, against Annie Harkins and others, to have a trust impressed upon funds in possession or control of Annie Harkins, and for other relief. From a decree for complainant, defendants appeal.

Appeal denied, decree affirmed, and cause remanded for further proceedings.

Charles A. Curran and Daniel A. Colton, both of Providence, for plaintiff.

Hartigan, Mullen & Roberts, of Providence, for defendants.

FLYNN, Chief Justice.

This is a bill in equity to have a trust impressed upon certain funds in the possession or control of the respondent Annie Harkins, and for other relief. After hearing in the superior court on bill, answer, replication and proof, and decision thereon, a final decree was entered, granting the relief prayed for by the complainant. The cause is before us upon the respondents' appeal from such decree.

The complainant is a brother of Margaret W. Schiller, late of Providence, deceased, and he sues individually and also as administrator of her estate. The respondent Annie Harkins is a sister of the deceased and, being the only real appellant, will be hereinafter referred to as the respondent. The other respondents are the Rhode Island Hospital Trust Company and the Providence National Bank. The monies in question were in possession and control of the respondent, having been withdrawn by her, after Margaret Schiller's death, from two bank accounts which, at the time of the intestate's death, stood in the joint names of Margaret Schiller or Annie Harkins, and payable to either, or the survivor of them.

The material facts are largely undisputed although the strength of certain testimony depended upon the credibility of the witnesses. Margaret Schiller died, intestate, in Providence on June 8, 1938, leaving neither husband nor children surviving. Her heirs and next of kin included the complainant, the respondent Annie Harkins, and certain nieces and nephews. At her death she left several deposits in various banking institutions in Providence and each of them stood, with one exception, in the joint names of Margaret Schiller and some one of her relatives. The bankbooks representing all of these deposits were found after her death in her safe deposit box and in her home; and, among them, were the two with which we are now concerned.

The first of these accounts was opened November 1, 1907, in the Rhode Island Hospital Trust Company by and in the name of Margaret Schiller. On February 20, 1915, the name of respondent was added and the account and bankbook then stood in the following names: "Margaret Schiller or Annie L. Harkins. Payable to either or to the survivor." At that time the amount on deposit in this account was $3,736.37; and on June 15, 1938, following the death of Margaret Schiller, the respondent as survivor withdrew the entire deposit amounting to $19,286.60. This sum was delivered to respondent's daughter and was deposited in the latter's account in Butte, Montana, where the respondent had lived for many years and was still living when the intestate died.

The second account was opened August 8, 1910, in the Merchants National Bank by and in the name of Margaret Schiller. On February 20, 1915, the name of respondent was added also to this account, so that it then stood in the joint names of "Margaret Schiller or Annie Harkins, and payable to either, or the survivor of them". At that time the monies on deposit in this account amounted to $4,123.37. On April 1, 1933, the balance of $5,693.41 was transferred to the Providence National Bank in the same names, and on June 25, 1938, following the death of Margaret W. Schiller, the respondent as survivor withdrew the entire deposit amounting to the sum of $4,252.78. This apparently was also delivered to respondent's daughter.

All of the monies in the accounts in question belonged originally to Margaret W. Schiller. She had made all of the deposits and withdrawals at various times and always had retained possession and exclusive control of these bankbooks. After the addition of the name of respondent, both accounts showed withdrawals and deposits by the intestate in varying amounts. The account in the Rhode Island Hospital Trust Company reached over $8,000 in November, 1928; and a withdrawal in that month reduced it to $411.38. Further, on September 8, 1929, that account showed a balance of $3,419.60 and was reduced by withdrawals to $213.74 on May 22, 1931. No further withdrawals or deposits were made until April 9, 1936, when a large and last deposit was made leaving a balance of $19,090.90.

The evidence further shows that when respondent's name was added to these accounts, she was not present but signature cards were mailed to her by Margaret Schiller and, upon their signature by respondent, they were returned to Margaret Schiller who filed each of them at the proper bank. The respondent's name was also added in the summer of 1936 to Margaret Schiller's safe deposit box in the Rhode Island Hospital Trust Company; but the key was always kept and the box controlled solely by Margaret Schiller.

The complainant testified to a statement made to him by the respondent as follows: "She (respondent) had access to the box and in the event that my sister Margaret would die not to wait to take a train but to take an airplane and come to Providence. And she (respondent) having...