Wyatt v. Moran

• Decision Date: 26 March 1954
• Docket Number: No. 2171,2171
• Citation: 103 A.2d 801,81 R.I. 399
• Parties: WYATT v. MORAN et al. Eq.
• Court: Rhode Island Supreme Court

Page 801

103 A.2d 801

81 R.I. 399

WYATT v. MORAN et al.

Eq. No. 2171.

Supreme Court of Rhode Island.

March 26, 1954.

Everett D. Higgins, Providence, for complainant.

Coffey, Ward, Hoban & McGovern, Charles J. McGovern, Providence, for respondents Michael H. Moran and Henry Kearns.

John G. Coffey and Irving Brodsky, coadministrators, pro se. CAPOTOSTO, Justice.

This is a bill in equity to establish ownership in the complainant by way of a gift inter vivos of a joint bank account standing in the names of Joseph F. Moran or Mary E. Wyatt and payable to either or to the survivor. Hereinafter the former will be referred to mostly as Joseph and the latter as the claimant. Joseph died unmarried and intestate on March 1, 1949 in the town of East Providence in this state. The respondents include his heirs-at-law together with the coadministrators of his estate. The cause was heard in the superior court on bill, answer and proof, and thereupon a decree was entered denying and dismissing the bill. The claimant has duly appealed to this court from that decree mainly on the ground that it is against the evidence and the weight thereof.

Omitting reference to incidental details, the evidence is practically undisputed and comes almost entirely from the claimant, her son Russell C. Wyatt, and Gladys Smith, a neighbor of Joseph in the later years of his life. The claimant is the eldest sister of Joseph, who for many years was employed as a waiter in Boston in the commonwealth of Massachusetts, and in other cities in this country. Up to about 1938, after which time he lived with his sister for approximately two years, he stayed at her home week ends and for other short periods whenever he returned to Rhode Island. Four canceled bankbooks in the joint names of himself and claimant or in his name as trustee for her were found at the time of his death. Another bankbook, which is the one in question here, was found on his person. These show that it was his custom to deposit his savings regularly in such form with banks of the various cities where he was employed for any extended period of time.

In February 1918 Joseph opened joint account No. 205826 with the Providence Institution for Savings in the names of himself and claimant. She deposited $200 of her own money in that account and withdrawals were made therefrom by each at different times. It was closed by Joseph on March 5, 1941, the money apparently being used by him to build a small house where he subsequently lived alone until he died. The reason for leaving his sister's home where, as stated, he had lived for two years is not clear. There is evidence to the effect that it was the result of a disagreement with claimant's son Russell, who denied the occurrence of any such incident.

In October 1944 Joseph opened the disputed joint account No. 443160 with the above-mentioned Providence bank in the names of himself and claimant, and payable to either or to the survivor. It is undisputed by claimant that she deposited no money of her own in this account; that she made no withdrawals therefrom; and that the bankbook relating thereto was found 'on Joseph Moran's person' when he died.

There are in evidence certain statements attributed to Joseph upon which claimant strongly relies as proof of his intention to make a gift inter vivos to her of such account. Because of advanced age and failing health she testified by deposition, which plainly showed a confusion of mind, failure of recollection, and inability to identify with any degree of certainty the particular account to which she was referring. However, construing her testimony most liberally in her favor, the most we can gather therefrom is that when Joseph asked her to sign the signature card in connection with that account he told her that 'he opened an account in my name and in his, and if I ever needed any money, why I could draw it.' The claimant's son Russell testified that when his mother came home from a hospital in 1947 Joseph asked 'if I wanted the book to pay the hospital bill,' to which he replied that he and his brothers were going to pay the bill.

Gladys Smith, who lived on premises adjoining Joseph's home, testified that sometime in 1941, having observed that he was building his house piecemeal, she asked him why he did not get a mortgage and have a contractor build it for him. His answer, as stated by her, was that he did not want a mortgage 'so he used the money in the bank in his sister's name and his name'; that she 'was letting him use it'; and that 'he would put it back later on.' We note that these alleged statements by Joseph clearly referred to joint account No. 205826 which he closed in 1941.

Gladys Smith further testified that shortly before Joseph's death he told her that he was not feeling well and if he should die she was to notify his sister Mary Wyatt. Such statements led her to ask him if he had a will, to which query he replied that he did not need a will as 'he had a house that would take care of his burial and then his sister and him had a bank account they shared fifty-fifty since his mother died.'

In this class of cases it is well settled that a claimant has the burden of establishing a gift inter vivos by clear and satisfactory evidence. Carr v. MacDonald, 70 R.I. 65, 37 A.2d 158; Old Colony Cooperative Bank v. Burger, 63 R.I. 223, 7 A.2d 725. He must establish by such degree of proof that the donor intended, in praesenti, to divest himself of the exclusive ownership and control over...