155 Mich. 634 | Mich. | 1909
{after stating the facts). The sole question for determination is, Has the defendant Nettie Sech established a gift inter vivos of $800 by her father to her ? Aside from this no money is. shown to be in her possession belonging to the estate. Until about six years before his death, Mr. Sech lived on his farm with his wife and children Nettie and Fred. He then leased the farm for $150 per year, and with his wife and Nettie moved to the city of Grand Rapids, and lived with his daughter Mrs. Sahms and her husband. Soon thereafter he sold the farm for $2,700, and the personal property thereon for about $500. He paid a very small amount to Mr. and Mrs. Sahms for his board, and that of his wife, who died shortly after they moved to the city. Five hundred dollars was paid in cash upon the sale, and a mortgage was given for the balance. Nettie was an industrious woman, and worked in factories, earning from $5 to $6 per week. She boarded with her sister, Mrs. Sahms, paying from $1 to $1.50 per week for board. Mornings and evenings she - took care of her
She testified that some of the deposits were in the joint names of herself and her father. In the National City Bank there were deposited in the name of Nettie, in 1902, two items of $400 each — one June 3d, and the other June 5th. Interest thereon was credited to this account in July and January, 1903, and January 1, 1904. February 5, 1904, $838.60 was withdrawn, and the account marked as closed. On November 18th following, on the same deposit book, there was deposited in the name of Nettie $1,443. That account was closed, Nettie withdrawing the money and paying it over to the administrator. On February 5, 1904, Nettie opened an account with the Old National Bank, depositing $838.60. This is the amount she claims as a gift by her father to her. Complainant offered evidence to the effect that after her father’s death Nettie admitted to some witnesses that she had $3,000 in her possession, belonging to the estate, and to other witnesses that she had $2,900. She admitted that she said to some of these parties that she had $2,900, including the $800 given her by her father. These .bank statements were also introduced in evidence by the complainant.
Defendant Nettie testified in her own behalf, and was shown by her counsel the bank book of the defendant bank, showing the item of $838.60, and asked: “ That is yours, is it? A. Yes, sir.” She further testified that she told Mrs. Sahms, her sister, that her father had given her
A very important factor in this case is the fact that Mr. Sech had already bequeathed to his daughter $800 out of a very small property. The ordinary layman in speaking of this would naturally say, “I have given my daughter $800. ” Such language is as consistent with the idea of a will as of a previous gift. Clay v. Layton, 134 Mich. 317, 334. Under the contention of the defendant, he
“ $838.60. Grand Rapids, Mich. 2-5-04.
“ Received from the National City Bank, Savings Department, eight hundred thirty-eight and 60-100 dollars, which amount has, in my presence, been charged on my passbook No. 482.
‘' Witness: Miss Nettie Sech,
“Owner of Said Passbook.”
The clerk of the National City Bank having charge of the savings department testified:
“ This account was opened in the name of Nettie Sech, and as a convenience Christian Sech has the privilege of drawing the money. I do not know the signatures, as I have never seen the parties, nor had any dealings with the signatures.”
We are compelled to the conclusion that the decree of the learned judge of the superior court was erroneous. It is therefore reversed, and decree entered in this court di