Longstreet v. Decker
312 Ga. App. 1
| Ga. Ct. App. | 2011Background
- Joseph Decker, as executor of Marjean Smith’s estate, sues Kathy Longstreet for cash removed from a bank safe deposit box believed to be estate property.
- Smith and Longstreet leased a joint safe deposit box; lease labeled as joint contract with survivorship language and access rights.
- The lease allowed access and control by either tenant, with survivorship access by the survivor in the event of death; no explicit ownership of contents was stated.
- Smith deposited cash in the box; Longstreet expected the contents to be Smith’s property, to be given to Longstreet after Smith’s death, but Longstreet never accessed the box before Smith’s death in 2005.
- After Smith’s death, Longstreet drilled the box and removed cash; the estate claimed ownership; the trial court granted partial summary judgment to the estate and denied Longstreet’s summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does lease language establish ownership of box contents? | Longstreet owns by survivorship language; content ownership implied. | Lease grants access/control, not ownership; survivorship language contemplates access after death. | Contract does not establish ownership; no ownership rights inferred. |
| Was there a valid inter vivos gift of the contents? | Smith intended to gift the contents to Longstreet at her death; statements show intent. | Delivery required; undisputed that Smith retained access and control; no delivery during lifetime. | No inter vivos gift; delivery not shown; summary judgment for estate proper. |
| Did survivorship language affect ownership of contents? | Survivorship language should give Longstreet access/ownership upon death. | Survivorship clause concerns access, not ownership; does not transfer title. | Survivorship language does not confer ownership of contents. |
Key Cases Cited
- Cowart v. Widener, 287 Ga. 622 (2010) (summary judgment standard; no genuine issue of material fact)
- Ansley v. Sunbelt Investments Realty, 176 Ga. App. 693 (1985) (delivery requirements for gifts; ownership transfer standards)
- Fotiatis v. Clemmons, 134 Ga. App. 487 (1975) (donor delivered contents to donee; admissibility of statements)
- NeSmith v. Ellerbee, 203 Ga. App. 65 (1992) (gift delivery elements; immediacy and irrevocability)