Williams v. Letton

• Decision Date: 05 March 1929
• Parties: Williams v. Letton.
• Court: United States State Supreme Court — District of Kentucky

228 Ky. 371

Williams v. Letton.

Court of Appeals of Kentucky.

Decided March 5, 1929.

1. Gifts. — Where donor was conscious of impending death and actually died shortly after transfer and was competent, his transfer to third party of packet containing postal savings certificates, with statement that the packet was to be given to donee, constituted valid gift causa mortis.

2. Gifts. — Where donor transfers property to third party with instruction to give it to donee, it will be presumed, in absence of contrary showing, that person to whom delivery is made takes as trustee for donee.

3. Gifts. — Where delivery is made to third person as trustee for donee, gift causa mortis takes effect, although gift does not come to knowledge of donee and is not accepted by him until after donor's death.

4. Gifts. — Any chose in action which creates a liability against a third person, and which is held by donor and is his property, is subject of a valid gift causa mortis by mere delivery.

5. Gifts. — Postal savings certificates of donor held subject of a valid gift causa mortis by delivery to third person as trustee for donee.

Appeal from Bourbon Circuit Court.

ALLAN D. COLE for appellant.

DENIS DUNDON for appellee.

OPINION OF THE COURT BY JUDGE CLAY.

Affirming.

Henry Williams, who died intestate a resident of Bourbon county, was the owner of ten $100 postal savings certificates. Lily Letton claimed the certificates as a gift. Being in doubt as to whether the gift was effective, Williams' administrator brought this suit against Lily Letton and the heirs of Williams to have the question adjudicated. The chancellor sustained the gift, and A.W. Williams, one of the heirs, has appealed.

The principal witness for appellee was James B. Wilson, a nephew of the decedent. Briefly stated, his evidence is as follows: Just a few weeks before his death, his uncle came to see him, and said that he did not believe that he would live very long. During the conversation he asked what a first-class burial would cost. He told his uncle that it would cost from $400 to $500. His uncle then told him what he desired in this respect. After some further instructions along the same subject, he jokingly said to his uncle: "Uncle Henry, if you are thinking so seriously of dying, whom do you consider your best friend?" His uncle said: "Lily Letton, formerly of Bethel, Kentucky. I consider her my best friend. If I have anything to give away I am going to give it to her." His uncle further stated that it would be given to her because she had helped him when he was sick in bed and without funds some 15 or 20 years before that time. At his uncle's request, he gave his uncle his phone number so that he could be reached in case he was needed. On receiving a call from Dan Jordan, his uncle's friend, he came to Paris, consulted Dr. Brown, and they concluded to send his uncle to the hospital. On the day he was sent to the hospital, his uncle gave him a small packet tied with colored tissue paper. He put the packet in his coat pocket. After that he went to see his uncle regularly every two or three days. After his uncle had been at the hospital about ten days, his uncle asked him to stop at Dr. Brown's and inquire as to his general condition. He went to see Dr. Brown, who told him that he would not live three weeks. On his next visit to the hospital his uncle asked him what the doctor had said. Not wishing to...