Wynne v. Wynne., 1631.

• Decision Date: 14 June 1943
• Docket Number: No. 1631.,1631.
• Citation: 33 A.2d 173
• Parties: WYNNE v. WYNNE.
• Court: Rhode Island Supreme Court

33 A.2d 173

WYNNE

v.WYNNE.

No. 1631.

Supreme Court of Rhode Island.

June 14, 1943.

Appeal from Superior Court, Providence and Bristol Counties; Alexander L. Churchill, Judge.

Suit by Elmer E. Wynne, as administrator of the estate of Mary W. Wynne alias Wynn, deceased, against Lucy Wynne to require defendant to pay over to complainant certain moneys which were on deposit in a joint account in a Massachusetts bank in the names of complainant's intestate and defendant. From a decree granting relief, respondent appeals.

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

Henry E. Crowe and Thomas Hetherington, both of Pawtucket, for complainant.

Matthew W. Goring, of Providence, for respondent.

FLYNN, Chief Justice.

This is a bill in equity substantially to require the respondent to pay over to the complainant, as administrator, certain moneys which were on deposit in a so-called joint account in a bank in Massachusetts in the names of complainant's intestate and the respondent, and which upon the former's death had been withdrawn by the respondent. After a hearing in the superior court upon amended bill, answer, replication and evidence a final decree was entered granting the relief prayed for in the bill. The cause is before us upon the respondent's appeal from that decree.

The complainant is the duly appointed administrator of the estate of Mary W. Wynne, alias Wynn, late of the city of Pawtucket, state of Rhode Island, deceased. Mary W. Wynne will sometimes be referred to as Mary and also as the depositor. The respondent, who is referred to in the evidence as Lucy D. Wynne and Lucy B. D. Wynne, is the widow of William Dean Wynne, a deceased brother of Mary.

The amended Bill of complaint alleges, among other things, that at the time of Mary W. Wynne's death a large sum of money was on deposit in the Attleborough Savings Bank situated in the commonwealth of Massachuetts, in an account which then stood in the names of Mary W. Wynne or Lucy D. Wynne, payable to either or to the survivor; that the respondent owned no interest in the account but that it belonged solely to Mary during her lifetime and at her death belonged to her estate; that the respondent, upon the death of Mary, had withdrawn all of the money remaining in said deposit and had refused to turn it over to the complainant, as administrator of Mary's estate.

The respondent's answer admitted some and denied others of the material allegations of the bill and further asserted that “the complainant's intestate did, on the 13th day of April, 1932 make a good, perfect and complete gift to the respondent of a joint interest in a savings bank account in said The Attleborough Savings Bank, the property of the said complainant's intestate which said account is the same referred to in Paragraph numbered 2 hereof.” She also admitted that upon Mary's death she had withdrawn all of the money in said deposit but alleged that she had paid out $340 thereof on account of the funeral expenses of the complainant's intestate.

It was not disputed that for all intents and purposes Mary W. Wynne originally had made all the deposits in this account from her own money and that she was the sole owner thereof on August 12, 1914. The account designated as No. 24651 always was kept in The Attleborough Savings Bank within the commonwealth of Massachusetts.

On November 26, 1920, upon the death of a sister whose name also had been on the account since 1914, Mary caused the name of another sister Jennie S. Wynne to be added to the account. On February 17, 1925, upon Mary's order, the name of her brother Frederick L. Wynne was added in place of Jennie S. Wynne, who had deceased. On June 4, 1928, upon Mary's order, the name of Frederick L. Wynne, though he was still living, was dropped and the name of another brother, William Dean Wynne, was added. The latter was the husband of the respondent. On January 2, 1930, upon Mary's order, the name of William Dean Wynne was dropped and the name of her brother Frederick L. Wynne was again added. William was then living. He died in March, 1930.

On April 13, 1932, the account still stood in the names of Mary W. Wynne and Frederick L. Wynne, payable to either or to the survivor. Frederick, with whom Mary lived in the city of Pawtucket, Rhode Island, had become ill and was then confined to his bed. Mary was about seventy-six years of age and, because of her physical disabilities, she was unable to keep house or to get out and travel without assistance.

The respondent testified that on April 13, 1932, she accompanied Mary to the bank in Attleboro where Mary signed the order which caused respondent's name to be added to the account. This was the same kind of order as others which Mary had signed previously, when she had added different names to the account. The respondent signed the usual signature card and both order and card were witnessed by a woman teller in the bank. The respondent first testified that this teller explained the transaction as follows: “Mrs. Blackinton said to me, ‘You understand that this book now belongs to you as much as to Miss Wynne; that you have the privilege of putting in and taking out of the bank.’ Q. Did you make any response to her? A. I said, ‘Yes, I understand.’ She said the same thing to Mary. Q. What did Mary say? A. Mary said, ‘I have always understood.’ She had had several names before and it had been explained to her.”

On cross-examination the respondent testified that she was told by this teller: “I was in partnership with her. *** it was equally mine with Mary's. *** That I could put in and take out, without any consent of Mary” and that Mrs. Blackinton said she was equal. The respondent, however, admitted that this was the first time she had stated to anybody that the bank teller had mentioned an equal partnership with Mary in this account. Moreover, at an earlier hearing in the probate court, she had been asked to explain what happened at the bank and why her name was put on the account and she then testified as follows: “Q. When was your name put on it? A. In the Spring of ' 32. Q. At the time, her brother was living? A. Yes. Q. He was well at that time? A. No. He was sick. That was why she had my name put on it. He had a shock, and it was known he would never be any better. He lived three years on his back.”

The bank teller, Mrs. Blackinton, who admittedly acted for the bank in this transaction, testified by deposition that she had a practice which she usually followed in cases where names were added to savings accounts and that she always explained, especially to old people, what such a joint account meant; and that she always “told them when they make a joint account that it belongs to either one or the other, and either one can draw at any time”. She did not testify that there had been any discussion between herself and Mary, or between Mary and the respondent, to the effect that an equal partnership, or any beneficial interest in the account in favor of the respondent, was created; or that Mary had understood and acquiesced in the making of any present gift to the respondent of any beneficial interest therein.

As a result of such transaction on April 13, 1932, the account stood in the names of Mary W. Wynne or Frederick L. Wynne or Lucy D. Wynne or to the survivor in case of the death of either one. Frederick L. Wynne was then living but he was not present at the transaction and there is no evidence that he knew of or consented to the transaction. Upon Mary's order Frederick's name was dropped from the account on December 7, 1932, but the respondent was not present and knew nothing of that transaction.

The custody, control and exclusive dominion over the bankbook and money in the account was retained by Mary at all times during her life. The only time respondent had actual custody of the book was when Mary was about to go to the hospital. According to respondent's testimony Mary then entrusted the bankbook to her but gave her the following directions: “She says, ‘Send the bankbook to the bank with this slip,’ and she says, ‘Have the money sent to you, and the bankbook, and you keep the bankbook while I am in the hospital’, and I did.” This withdrawal was made solely as Mary directed to provide for her hospital expenses. All the other withdrawals before and after April 13, 1932, were made by Mary personally and were used exclusively by her for her own benefit.

All of the deposits in the account, with one possible exception, were made by Mary herself. This exception according to respondent's testimony, was when Mary had started on one occasion to go to the bank but was unable, because of her lameness, to complete the journey. She then directed the respondent to go alone and make the deposit for her. The respondent testified that she had given to Mary, in the latter's house in Pawtucket, $20 in August, 1932, $25 in December, 1934, and $10 in May, 1935, which Mary deposited with her own money in this account. She admitted, however, that she had a savings account standing in her own name in the Peoples Savings Bank in Providence which was nearer to Cranston, where she lived, than was Pawtucket, and that during all these years she had never made any deposit in that account.

Mary always paid the respondent's expenses when the latter assisted her in traveling. In connection with a proposed visit to Oak Bluffs following Mary's sickness, the respondent testified that Mary said: “Lucy, you are going with me to Oak Bluffs this summer. You are going with me, you are going to stay with me, and you are coming back with me. We will have a wonderful time. We will have less money in the bank, Lucy, but it will be worth it.” The...