221 Miss. 120 | Miss. | 1954
This case involves the question of whether the trial court erred in holding on the undisputed facts that there was not a gift inter vivos of nine promissory notes. We think that a gift was completed.
Y. Y. Hill, a Negro woman, brought this suit in the Chancery Court of Adams County against Christian T. Maier, Administrator of the Estate of Gustave Frederick Maier, Deceased, who died on June 14, 1950, and who will be referred to hereafter as Fritz Maier. All of the parties and the witnesses in this suit are of the white race, except Hill and Lewis. The bill charged that on June 12, 1950, two days before his death, Fritz Maier made a gift inter vivos to complainant Hill of nine promissory notes in the amount of $1,000 each, which were payable to Fritz Maier or his order and which were executed by Mr. and Mrs. John J. Cox. The bill further charged that Hill had for several years performed many valuable services for Fritz Maier. The answer of the administrator denied that a gift had been made. Considerable testimony was offered. The chancery court found that although Fritz Maier had delivered actual possession of the notes to Hill, the evidence did not demonstrate that this was done with the intention to complete a gift of them; but that Fritz Maier had lived in the home of Hill for 30 months, and that there Was an implied agreement that in return for her giving him board and lodging and taking care of him, he would compensate her for such services. Hence the Court, although denying a gift, allowed Hill $2,250 as a quantum meruit recovery for her services. From that decree
Fritz Maier, the deceased, came to this country when he was 14 years of age. At the time of his death on June 14, 1950, he was about 70 years of age. For sometime prior to 1945 he had lived with a Negro woman named Ella Ford. She died in 1945. Sometime in 1948 Fritz began living in the home of V. V. Hill, the cross-appellant. The record does not indicate any meretricious relationship between them. Both he and she were elderly and of about the same ages. Hill owned a comfortable home in the small Fenwick community about 11 miles from Natchez. Fritz was in bad health and rather feeble but not bedridden. The evidence shows that Hill was good to him and cared for him in the various ways necessary for looking after a person in his condition, and that she is a person of good reputation in’ her community. Fritz apparently had no money, although he did own some property hereafter referred to. Hill paid for the groceries and other expenses of operation of the household. Fritz told several of his friends on numerous occasions that he had begun living with Hill because he needed someone to look after him, and that she had given him good treatment; that his family, consisting of his brother, the administrator here, and some nephews, never visited him, never saw him, and would not let him live with them; and that Hill took care of him when he had no other place to go, he was “living off of V. V.’s charity”, and when he died he wanted her to have his estate.
On June 12, 1950, two days before his death, Fritz Maier got a neighbor, W. F. Gordon, to drive him to
These three witnesses, Mr. and Mrs. W. F. Cordon and Mrs. Johnnie Perkins, were the only persons present, other than Hill and Fritz Maier, when these events
The chancellor found that the actual possession of the notes was delivered to Hill, but he then reasoned that Fritz did not intend to make an irrevocable gift inter vivos, because she could have put him out in the cold the next day, and he could not have inherited from her, if she predeceased him. But the same evidence on which the chancellor based his finding that the possession of the notes was delivered shows conclusively that it constituted an irrevocable gift inter vivos. It was undisputed and clear and convincing. And we do not think that there was any evidence to justify the chancellor in concluding that, solely because perchance the gift was an improvident act, it should be set aside.
The alleged oral disclaimer by Hill shortly after Fritz’s death, as testified to by William J. Maier, Sr., his son, and a deputy sheriff, did not amount to a divesture by her of her title. At that time, according to the undisputed evidence, she was the owner of the notes, and she did not subsequently assign or give them to anyone. If human testimony is to be believed, • Fritz Maier made the gift to Hill. There was no condition on his part, and she received the notes without equivocation. Hence on that occasion on June 12 the gift was completed, and none of the administrator’s testimony as to the somewhat ambiguous statements made by Hill after Fritz’ death would suffice to divest her of title to the notes. Henry Lewis, a colored employee of William J. Maier, Sr., testified that on the day before Fritz died the witness saw him on the street in Natchez, and that Fritz told him that he had sold his place and put
We are not reversing the chancellor on a disputed question of fact, but are holding that in view of the undisputed facts he drew the wrong legal conclusions. The case is reversed on both direct and cross-appeals, and judgment is rendered here in favor of cross-appellant Y. V. Hill, adjudicating that she is the owner of all of the notes.
Reversed on direct and cross-appeals, and judgment rendered for cross-appellant Y. Y. Hill.